Elbert v. Swarthout et al

Filing 27

ORDER signed by Judge Garland E. Burrell, Jr. on 9/21/2012 ORDERING that the 26 Findings and Recommendations are ADOPTED in full. Defendants' 22 Motion to Dismiss is GRANTED with leave to file an amended complaint within 30 days of the date of this order. (Zignago, K.)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

VIRGIL ELBERT,

11

Plaintiff,

12
13

No. 2:11-cv-01154 GEB EFB P

vs.
GARY SWARTHOUT, et al.,

14

Defendants.

15

ORDER
/

16

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

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.

19

On August 24, 2012, the magistrate judge filed findings and recommendations

20

herein which were served on all parties and which contained notice to all parties that any

21

objections to the findings and recommendations were to be filed within fourteen days. Neither

22

party has filed objections to the findings and recommendations.

23

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

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 August 24, 2012, are adopted in full;
and
2. Defendants’ December 22, 2011 motion to dismiss (Docket No. 22) is granted

4

with leave to file an amended complaint within 30 days of the date of this order.

5

Dated: September 21, 2012

6
7
8

GARLAND E. BURRELL, JR.
Senior United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2