Jones v. Swingle et al

Filing 63

ORDER signed by Judge Garland E. Burrell, Jr. on 4/27/2012 ADOPTING 58 Findings and Recommendations in full; DISMISSING Plaintiff's remaining claims without prejudice, including those against defendants Wilcox and Blanthorn. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MALIK JONES,

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Plaintiff,

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No. CIV S-09-0619 GEB EFB P

vs.
D. SWINGLE, et al.,

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Defendant.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On February 10, 2012, the magistrate judge filed findings and recommendations

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herein which were served on plaintiff and which contained notice to plaintiff that any objections

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to the findings and recommendations were to be filed within fourteen days. Plaintiff has not filed

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objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed February 10, 2012, are adopted in
full; and

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2. Plaintiff’s remaining claims, not found colorable within the magistrate judge’s

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February 10, 2012 screening order, including those against defendants Wilcox and Blanthorn are

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dismissed without prejudice due to plaintiff’s failure to state a claim upon which relief may be

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granted.

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Dated: April 27, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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