Miller v. Jones

Filing 42

ORDER signed by Judge Lawrence K. Karlton on 03/23/12 ORDERING that the re 34 Order Adopting F&Rs and 35 Judgment are VACATED; the 33 Findings and Recommendations are ADOPTED in full, defendant's 23 Motion to Dismiss is GRANTED with prejudice. CASE CLOSED (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREDERICK MILLER,

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Plaintiff,

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No. CIV S-10-0834-LKK-DAD (TEMP) PS

vs.

ORDER

DENNIS B. JONES,
Defendant.
/
Plaintiff filed the above-entitled action. The matter was referred to a United
States Magistrate Judge pursuant to Local Rule 302(c)(21).

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On July 7, 2011, the magistrate judge filed findings and recommendations herein

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

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findings and recommendations were to be filed within fourteen days. On July 25, 2011, the

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undersigned adopted the findings and recommendations and judgment was entered thereon. At

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the time the court entered judgment, no objections had been docketed. However, five hours after

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judgment was entered, the Clerk of Court docketed plaintiff’s objections (docket no. 36), which

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apparently had been submitted to the court on July 22, 2011. The judgment previously entered

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will therefore be vacated and the objections considered.
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In accordance with the provisions of 28 U.S. C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the

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entire file, the court finds the findings and recommendations to be supported by the record and

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by proper analysis. Accordingly, IT IS HEREBY ORDERED that:

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1.

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The July 25, 2011 order and judgment (docket nos. 34 and 35) are
vacated;

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2.

The findings and recommendations filed July 7, 2011, are adopted in full;

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3.

Defendant’s motion to dismiss is granted with prejudice; and

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This action is closed.

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DATED: March 23, 2012.

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