McElroy v. Department of Corrections, et al

Filing 30

ORDER ADOPTING 26 FINDINGS AND RECOMMENDATIONS in Full and Plaintiff's Motion for Default Judgment is Denied, signed by Judge Oliver W. Wanger on 10/22/2009. (Sondheim, M)

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1 2 3 4 5 6 7 8 9 10 11 CDCR, 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 September 25, 2009, findings and recommendations were entered, 19 recommending denial of Plaintiff's motion for a default judgment. Plaintiff was provided an 20 opportunity to file objections within twenty days. Plaintiff has not filed objections to the 21 findings and recommendations. 22 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 23 73-305, this court has conducted a de novo review of this case. Having carefully reviewed the 24 entire file, the court finds the findings and recommendations to be supported by the record and 25 proper analysis. 26 1 vs. ORDER RE: FINDINGS & RECOMMENDATIONS (#26) LATWAHN McELROY, Plaintiff, 1: 07 CV 01677 OWW YNP GSA (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 Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on September 25, 2009, are adopted in full; and 2. Plaintiff's motion for default judgment is denied. IT IS SO ORDERED. Dated: October 22, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 2

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