Motley v. Smith et al

Filing 20

ORDER adopting 15 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Roger L. Hunt on 10/26/09. Plaintiff' claims are permitted to proceed, or dismissed, as stated therein. (Kaminski, H)

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 Before this Court is the Report and Recommendation of United States Magistrate Judge (#15, filed July 30, 2009), entered by the Honorable Valerie P. Cooke regarding the screening of Plaintiff's Complaint pursuant to 28 U.S.C. § 1915(a). Objections (#19, filed September 28, 2009) were filed to Magistrate Judge Cooke's Report and Recommendation of United States Magistrate Judge in accordance with Local Rule 72-304(b) of the Rules of Practice of the United States District Court for the Eastern District of California, and the matter was submitted for consideration. The court has conducted a de novo review of the record in this case in accordance with 28 U.S.C. §636(b)(1)(B) and (C), and Local Rules 72-303 and -304, and determines that the Report and Recommendation of Magistrate Judge Cooke are not clearly erroneous nor contrary to law, and should be accepted and adopted. // // 1 EDWARD MOTLEY, ) ) Plaintiff(s), ) ) vs. ) ) J. SMITH, et al., ) ) Defendant(s). ) ____________________________________)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
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2:08-CV-01423-RLH-VPC ORDER

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IT IS THEREFORE ORDERED that Magistrate Judge's Report and Recommendation (#15, entered July 30, 2009) is ACCEPTED and ADOPTED and Plaintiff's claims are permitted to proceed, or dismissed, as stated therein. Dated: October 26, 2009.

_________________________________ ROGER L. HUNT Chief U.S. District Judge

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