Newton v. Johnson et al

Filing 21

ORDER ADOPTING 20 FINDINGS and RECOMMENDATIONS; ORDER Dismissing Action for Failure to State a Claim; ORDER Directing Clerk to Close Case, signed by District Judge Lawrence J. O'Neill on 1/12/2009. CASE CLOSED. (Sondheim, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ORDER DIRECTING CLERK TO CLOSE CASE 16 17 Chester Newton ("plaintiff") is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 20 On November 20, 2008, findings and recommendations were entered, recommending 21 that this action be dismissed based on plaintiff's failure to state a claim upon which relief may be 22 granted. Plaintiff was provided an opportunity to file objections to the findings and 23 recommendations within thirty days. To date, plaintiff has not filed objections or otherwise 24 responded to the findings and recommendations. 25 26 305, this court has conducted a de novo review of this case. Having carefully reviewed the entire 27 28 1 In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 72-302. Defendants. _____________________________/ vs. B. JOHNSON, et al., CHESTER NEWTON, Plaintiff, 1:07-cv-00017-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 20.) ORDER DISMISSING ACTION FOR FAILURE TO STATE A CLAIM IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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file, the court finds the findings and recommendations to be supported by the record and proper analysis. Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on November 20, 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 January 12, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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