Hughes v. Coalinga State Hospital

Filing 9

ORDER ADOPTING 8 FINDINGS and RECOMMENDATIONS; ORDER DISMISSING Action for Failure to State a Claim; and ORDER Directing the Clerk to CLOSE CASE signed by District Judge Lawrence J. O'Neill on 2/3/2009. (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. _____________________________/ ORDER DIRECTING CLERK TO CLOSE CASE vs. COALINGA STATE HOSPITAL, et al., THOMAS HUGHES, Plaintiff, 1:06-cv-01525-LJO-SMS-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 8.) ORDER DISMISSING ACTION FOR FAILURE TO STATE A CLAIM IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Thomas Hughes ("plaintiff") is a civil detainee proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 72-302. On November 21, 2008, findings and recommendations were entered, recommending that this action be dismissed based on plaintiff's failure to state a claim upon which relief may be granted. (Doc. 8.) Plaintiff was provided an opportunity to file objections to the findings and recommendations within thirty days. More than sixty days have passed, and plaintiff has not filed objections or otherwise responded to the findings and recommendations. In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73305, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and proper analysis. 1

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Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on November 21, 2008, are adopted in full; 2. This action is dismissed with prejudice, based on plaintiff's failure to state a claim upon which relief may be granted; and 3. The Clerk of Court is directed to close this case. IT IS SO ORDERED. Dated: b9ed48 February 3, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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