Vogelsang v. Tilton et al

Filing 26

ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge John A. Mendez on 1/14/09 ORDERING that the findings and recommendations 22 , are ADOPTED infull; Defendants' motion to dismiss 19 is GRANTED; and this action is CLOSED, CASE CLOSED. (Becknal, R)

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 vs. JAMES E. TILTON, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 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 General Order No. 262. On November 12, 2008, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. Plaintiff has filed objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72304, 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 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA GREGORY LEE VOGELSANG, Plaintiff, No. CIV S-06-2083 JAM DAD P

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/voge2083.805

Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed November 12, 2008, are adopted in full; 2. Defendants' June 6, 2008 motion to dismiss (Doc. No. 19) is granted; and 3. This action is closed. DATED: January 14, 2009

/s/ John A. Mendez UNITED STATES DISTRICT JUDGE

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