Arias-Maldonado v. Superior Court of Sacramento et al

Filing 19

ORDER signed by Judge Morrison C. England, Jr. on 1/26/09 ADOPTING in Full 10 FINDINGS and RECOMMENDATIONS. This action is DISMISSED with prejudice for pltf's failure to state a claim. CASE CLOSED(Kastilahn, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 / 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 September 24, 2008, 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. After an extension of time, plaintiff has filed objections to the findings and recommendations. /// /// /// 1 vs. SUPERIOR COURT OF SACRAMENTO, et al., JAMIE ARIAS-MALDONADO, Plaintiff, ORDER No. 2:07-cv-02506-MCE-EFB P 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

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, 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. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed September 24, 2008, are adopted in full; and, 2. This action is dismissed with prejudice for plaintiff's failure to state a claim. See 28 U.S.C. § 1915A; see also Lopez v. Smith, 203 F.3d 1122, 1128 (9th Cir. 2000) (indigent prisoner proceeding without counsel must be given leave to file amended complaint unless the court can rule out any possibility that the plaintiff could state a claim). 3. The Clerk is directed to close the file. Dated: January 26, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

2