Tripp v. Stocker et al

Filing 32

ORDER signed by Judge Garland E. Burrell, Jr on 1/11/10 ORDERING that the findings and recommendations filed December 10, 2009, are adopted in full; and Defendants' July 13, 2009, motion to dismiss 23 is granted as to the ADA claim and denied as to the Eighth Amendment claims. (Becknal, R)

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. KIM STOCKER, 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 December 10, 2009, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty-one 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 LONNIE TRIPP, Plaintiff, No. CIV S-08-2876 GEB GGH 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 full; and

Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed December 10, 2009, are adopted in

2. Defendants' July 13, 2009, motion to dismiss (Docket No. 23) is granted as to the ADA claim and denied as to the Eighth Amendment claims. Dated: January 11, 2010

GARLAND E. BURRELL, JR. United States District Judge

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