Bontemps v. Sotak et al

Filing 41

ORDER ADOPTING 25 FINDINGS AND RECOMMENDATIONS signed by Judge Lawrence K. Karlton on 4/16/12. Defendants Cannon, Tidwell and Slayball are DISMISSED without prejudice. (Manzer, C)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY C. BONTEMPS, Plaintiff, 11 vs. 12 13 No. CIV S-09-2115 LKK EFB P SOTAK, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 4, 2012, the magistrate judge filed findings and recommendations 19 20 herein which were served on plaintiff and which contained notice to plaintiff that any objections 21 to the findings and recommendations were to be filed within fourteen days. Plaintiff has not 22 filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 //// 1 1 2 3 1. The findings and recommendations filed January 4, 2012, are adopted in full; and 2. Defendants Cannon, Tidwell, and Slayball are dismissed without prejudice 4 due to plaintiff’s failure to state a claim upon which relief may be granted. 5 DATED: April 16, 2012. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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