Wilson v. Tilton et al
Filing
77
ORDER signed by Judge Garland E. Burrell, Jr. on 6/7/2011 ADOPTING 71 Findings and Recommendations in full. Dfts' 62 Motion to Dismiss is GRANTED. Pltf's claims against dft Swan are DISMISSED without prejudice. (Zignago, K.)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAVID WILSON,
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Plaintiff,
vs.
JAMES TILTON, et al.,
Defendants.
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No. 2:07-cv-1192 GEB DAD (PC)
ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action
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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On April 29, 2011, the magistrate judge filed findings and recommendations
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herein which were served on all parties and which contained notice to all parties that any
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objections to the findings and recommendations were to be filed within fourteen days. Plaintiff
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has filed objections to the findings and recommendations.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire
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file, the court finds the findings and recommendations to be supported by the record and by
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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed April 29, 2011, are adopted in full;
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2. Defendants’ January 28, 2011 motion to dismiss (Doc. No. 62) is granted; and
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3. Plaintiff’s claims against defendant Swan are dismissed without prejudice.
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Dated: June 7, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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