Manzanares v. Cruz et al

Filing 17

ORDER ADOPTING 14 FINDINGS and RECOMMENDATIONS, signed by Chief Judge Anthony W. Ishii on 4/16/2009. CASE CLOSED. (Sondheim, M)

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1 2 3 4 5 6 7 8 9 10 11 ISRAEL CRUZ, et al., 12 Defendants. 13 __________________________/ 14 15 Plaintiff is a former state prisoner proceeding pro se in this civil rights action. 16 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 17 636(b)(1)(B) and Local Rule 72-302. 18 On January 12, 2009, findings and recommendations were entered, recommending 19 dismissal of this action for failure to state a claim upon which relief can be granted. Plaintiff 20 was provided an opportunity to file objections within thirty days. On January 23, 2009, Plaintiff 21 filed a motion titled as a motion to reopen. On February 19, 2009, an order was entered, advising 22 Plaintiff that the original complaint was dismissed, and the recommendation of dismissal was 23 entered based on Plaintiff's failure to file an amended complaint that alleged facts sufficient to 24 state a claim for relief. Plaintiff was granted leave to file an amended complaint. Plaintiff was 25 also specifically cautioned that his failure to do so would result in the submission of the January 26 1 HECTOR MANZANARES, Plaintiff, vs. 1: 07 CV 1822 AWI WMW PC ORDER RE: FINDINGS & RECOMMENDATIONS (#14) 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 12, 2009, recommendation of dismissal to the District Court. Plaintiff has not filed objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. 636 (b)(1)(B) and Local Rule 73-305, 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 proper analysis. Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on January 12, 2009, are adopted in full; and 2. This action is dismissed for failure to state a claim upon which relief can be granted. The Clerk is directed to close this case. IT IS SO ORDERED. Dated: 0m8i78 April 16, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 2

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