Carr v. Cate

Filing 18

[PLEASE DISREGARD (see doc. # 19) JUDGMENT dated *1/12/11* pursuant to order signed by Judge Morrison C. England, Jr on 1/11/12. (Kaminski, H) Modified on 1/12/2012 (Kaminski, H).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRE T. CARR,

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Plaintiff,

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No. 2:11-cv-2288 MCE DAD (PC)

vs.
MATTHEW CATE,

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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 action on a form

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civil rights complaint pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

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

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On December 12, 2011, 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 filed

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objections to the findings and recommendations.

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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 entire

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file including the objections, the Court finds the December 12, 2011, findings and

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recommendations supported by the record and by the magistrate judge’s analysis. Accordingly,

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IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed December 12, 2011 (ECF No. 12), are
ADOPTED in full;
2. This action is DISMISSED without prejudice, see Heck v. Humphrey, 512
U.S. at 486-87; and
3. The Clerk of the Court is directed to close this case.

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Dated: January 11, 2012
________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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