Rider v. Yates et al

Filing 34

ORDER ADOPTING 30 FINDINGS AND RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 4/29/2010. THE COURT HEREBY ORDERS That Defendants Yates, Grannis, Shannon and Voss are dismissed for Plaintiffs failure to state a claim for relief against them. (Bradley, A)

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1 2 3 4 5 6 7 8 9 10 11 JAMES YATES, et al., 12 Defendants. 13 14 15 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter 16 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local 17 Rule 72-302. 18 On March 24, 2010, findings and recommendations were entered, recommending 19 dismissal of Defendants Yates, Grannis, Shannon and Voss for Plaintiff's for failure to state a 20 claim upon which relief can be granted. Plaintiff was provided an opportunity to file objections 21 within thirty days. On September 22, 2004, plaintiff filed objections to the findings and 22 recommendations. 23 In accordance with the provisions of 28 U.S.C. 636 (b)(1)(B) and Local Rule 24 73-305, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 1 vs. ORDER RE: FINDINGS & RECOMMENDATIONS (#30) CHRISTOPHER S. RIDER, Plaintiff, 1: 07 CV 01340 LJO MJS PC IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 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 proper analysis. Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on March 24, 2010, are adopted in full; and 2. Defendants Yates, Grannis, Shannon and Voss are dismissed for Plaintiff's failure to state a claim for relief against them. IT IS SO O R D E R E D . D a ted : b9ed48 April 29, 2010 /s/ L a w r e n c e J. O ' N e i l l U N I T E D STA T E S D I S T R I C T JU D G E 2

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