Faceson v. Nunley, et al

Filing 17

ORDER ADOPTING 16 FINDINGS and RECOMMENDATIONS, and Dismissing Action for Plaintiff's Failure to State a Claim Upon Which Relief May Be Granted, signed by District Judge Lawrence J. O'Neill on 1/7/2009. CASE CLOSED. (Sondheim, M)

1 2 3 4 ANTHONY FACESON, 5 Plaintiff, 6 v. 7 MAJERICK, 8 Defendant. 9 10 Plaintiff Anthony Faceson ("plaintiff") is a state prisoner proceeding pro se in this civil rights 11 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 12 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 13 On October 23, 2008, the Magistrate Judge filed a Findings and Recommendations herein 14 which was served on plaintiff and which contained notice to plaintiff that any objection to the 15 Findings and Recommendations was to be filed within thirty days. Plaintiff did not file a timely 16 Objection to the Findings and Recommendations. 17 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 18 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 19 and Recommendations to be supported by the record and by proper analysis. 20 Accordingly, IT IS HEREBY ORDERED that: 21 1. 22 2. 23 24 25 26 27 28 1 Dated: b9ed48 This action is dismissed for failure to state a claim upon which relief may be granted.IT IS SO ORDERED. January 7, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE The Findings and Recommendations, filed October 23, 2008, is adopted in full; and / (Doc. 16) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING ACTION FOR PLAINTIFF'S FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED CASE NO. 1:07-cv-00691 LJO DLB PC

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA