Barela v. Givens

Filing 9

ORDER ADOPTING FINDINGS And RECOMMENDATIONS 7 , signed by Judge Oliver W. Wanger on 2/13/2009. It is ORDERED that: The Findings and Recommendations dated January 9, 2009, is ADOPTED IN FULL; and the action be DISMISSED. This terminates this action in its entirety. CASE CLOSED.(Scrivner, E)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 RUBEN BARELA, 9 10 Plaintiff, 11 v. 12 DERMONT GIVENS, 13 14 Defendant. 15 16 Plaintiff Ruben Barela ("Plaintiff"), a state prisoner, is proceeding pro se and in forma 17 pauperis. On October 27, 2008, Plaintiff filed a complaint pursuant to 42 U.S.C. § 1983 alleging 18 that Dermont Givens ("Defendant"), an attorney appointed by the parole board to represent 19 Plaintiff at his parole hearing in June 2008, provided Plaintiff with unconstitutional 20 representation and engaged in unethical practices. 21 On January 9, 2009, the Magistrate Judge issued Findings and Recommendation that the 22 action be dismissed without leave to amend because Plaintiff failed to state a cognizable claim. 23 Specifically, the Magistrate Judge determined that Defendant was not acting under color of state 24 law at the time of the alleged constitutional violation. The Findings and Recommendation was 25 served on Plaintiff and contained notice that any objections were to be filed within thirty (30) 26 days. On February 10, 2009, Plaintiff filed objections. 27 28 1 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:08cv1630 OWW GSA ORDER ADOPTING FINDINGS AND RECOMMENDATION (Document 8)

UNITED STATES DISTRICT COURT

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, including the objections, the Court finds that the Findings and Recommendation is supported by the record and proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendations dated January 9, 2009, is ADOPTED IN FULL; and 2. The action be DISMISSED.

This terminates this action in its entirety.

IT IS SO ORDERED. Dated: February 13, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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