Foley v. Jolly et al

Filing 10

ORDER ADOPTING FINDINGS and RECOMMENDATIONS 28 signed by District Judge Lawrence J. O'Neill on 4/27/2009. CASE CLOSED (Figueroa, O)

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1 2 3 4 5 6 7 8 9 10 11 B. JOLLY, 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, 2009, findings and recommendations were entered, recommending 19 dismissal of this action for failure to state a claim upon which relief can be granted. On April 6, 20 2009, plaintiff filed objections to the findings and recommendations. 21 In accordance with the provisions of 28 U.S.C. 636 (b)(1)(B) and Local Rule 22 73-305, this court has conducted a de novo review of this case. Having carefully reviewed the 23 entire file, the court finds the findings and recommendations to be supported by the record and 24 proper analysis. 25 Accordingly, THE COURT HEREBY ORDERS that: 26 1 vs. ORDER RE: FINDINGS & RECOMMENDATIONS (#28) TRACY ROMERO FOLEY, Plaintiff, 1: 08 CV 0339 LJO WMW 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 IT IS SO ORDERED. Dated: b9ed48 1. The Findings and Recommendations issued by the Magistrate Judge on March 24, 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. April 27, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 2

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