Gilbert v. McGuinness et al

Filing 13

ORDER signed by Judge John A. Mendez on 01/14/2009 ADOPTING 10 FINDINGS and RECOMMENDATIONS. This action is DISMISSED. CASE CLOSED (Streeter, J)

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. JOHN McGUINNESS, 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 October 6, 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. 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 FRED WAYNE GILBERT, Plaintiff, No. CIV S-08-1117 JAM GGH P

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
/gilb1117.804

Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed October 6, 2008, are adopted in full; and 2. This action is dismissed. DATED: January 14, 2009

/s/ John A. Mendez UNITED STATES DISTRICT JUDGE

2