White v. The State of California et al

Filing 27

ORDER ADOPTING 25 FINDINGS and RECOMMENDATIONS AND DISMISSING ACTION FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED signed by Judge Oliver W. Wanger on 1/29/2009. CASE CLOSED (Figueroa, O)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 / 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Bernard Andrew White ("plaintiff") is a state prisoner proceeding pro se 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 December 15, 2008, the Magistrate Judge filed a Findings and Recommendations herein which was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and Recommendations was to be filed within thirty days. Plaintiff filed an Objection to the Findings and Recommendations on December 31, 2008. In accordance with the provisions of 28 U.S.C. 636(b)(1)(C), 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 by proper analysis. /// /// 1 DEPARTMENT OF CORRECTIONS et al., Defendants. (Doc. 25) v. BERNARD ANDREW WHITE, Plaintiff, CASE No.: 1:07-cv-01796 OWW-DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED UNITED STATES DISTRICT COURT 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 Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendations, filed December 15, 2008, is adopted in full; and 2. This action is dismissed with prejudice for plaintiff's failure to state a claim upon which relief may be granted. IT IS SO ORDERED. Dated: January 29, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 2

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