Finley v. Griggs et al

Filing 31

ORDER adopting 20 FINDINGS AND RECOMMENDATIONS in full signed by Judge Frank C. Damrell, Jr. on 08/18/09 and ORDERING that dft D.K. Sisto is DISMISSED from this action; plf's claim that N. Valdez retaliated against him is DISMISSED for failure to state a claim. (Benson, A.)

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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. R. L. GRIGGS, 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 May 29, 2009, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within twenty days. Plaintiff has not filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that: //// 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOWELL FINLEY, Plaintiff, No. CIV S-07-2344 FCD EFB P ORDER 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 1. The findings and recommendations filed May 29, 2009, are adopted in full; 2. D. K. Sisto is dismissed from this action; and, 3. Plaintiff's claim that N. Valdez retaliated against him is dismissed for failure to state a claim. DATED: August 18, 2009. _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 2

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