Ybarra v. Anderson et al

Filing 14

ORDER ADOPTING 9 FINDINGS AND RECOMMENDATIONS and Dismissing Defendants Vantloff, Velasco, Rasmusen and Gerber, signed by Judge Oliver W. Wanger on 4/23/2010. (Sondheim, M)

1 2 3 4 5 6 7 8 9 10 11 C/O ANDERSON, 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 9, 2010, findings and recommendations were entered, recommending 19 that Defendants Vantloff, Velasco, Rasmussen and Gerber be dismissed for failure to state a 20 claim upon which relief can be granted. Plaintiff was provided an opportunity to file objections 21 within thirty days. Plaintiff has not filed objections to the 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 (#9) LAURA YBARRA, Plaintiff, 1: 09 CV 01098 OWW MJS (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 March 9, 2010, are adopted in full; and 2. Defendants Vantloff, Velasco, Rasmussen and Gerber are dismissed for failure to state a claim upon which relief can be granted.

IT IS SO ORDERED. Dated: April 23, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

2