Smith v. Page et al

Filing 7

ORDER signed by Judge John A. Mendez on 11/9/10 ORDERING the Findings and Recommendations 6 ADOPTED IN FULL; this action is DISMISSED WITHOUT PREJUDICE and Clerk is directed to close the case. CASE CLOSED. (Carlos, K)

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(PS) Smith v. Page et al Doc. 7 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 On September 22, 2010, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within fourteen days. No objections were filed. Accordingly, the court presumes any findings of fact are correct. See Orland v. United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. //// //// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA KENNETH SMITH, Plaintiff, vs. AGENT GLINDA PAGE, et al., Defendants. __________________________________/ ORDER No. CIV S-10-1615 JAM EFB PS 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 Accordingly, IT IS ORDERED that: 1. The proposed Findings and Recommendations filed September 22, 2010, are ADOPTED; and 2. This action is dismissed without prejudice and the Clerk is directed to close the case. See Fed. R. Civ. P. 41(b); L.R. 110, 183(b). DATED: November 9, 2010 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 2

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