Price v. Dillion et al

Filing 56

ORDER signed by Senior Judge Lawrence K. Karlton on 9/3/09 ORDERING the findings and recommendations filed 4/15/09, are ADOPTED IN FULL; plaintiffs second amended complaint 31 is DISMISSED without leave to amend; defendants motion to dismiss 33 is GRANTED; All other pending motions and/or requests are denied as moot; and the Clerk of the Court is directed to enter judgment of dismissal and close this file. CASE CLOSED. (Carlos, K)

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. DAVID B. DILLION, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se and in forma pauperis, brings this civil rights action. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. On April 15, 2009, the Magistrate Judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within a specified time. Timely objections to the findings and recommendations have been filed. 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 WILLIAM HENRY PRICE, Plaintiff, ORDER No. CIV S-08-1153-LKK-CMK-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 this file. full;

Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed April 15, 2009, are adopted in

2.

Plaintiff's second amended complaint (Doc. 31) is dismissed, without

leave to amend, for failure to state a cognizable claim; 3. 4. 5. Defendants' motion to dismiss (Doc. 33) is granted; All other pending motions and/or requests are denied as moot; and The Clerk of the Court is directed to enter judgment of dismissal and close

DATED: September 3, 2009.

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