Asberry v. Cate et al

Filing 34

ORDER signed by Judge Kimberly J. Mueller on 3/26/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 1/6/12, which incorporate the order also filed 1/6/12 16 are ADOPTED in full; Defendant Cate is DIMISSED. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,
Plaintiff,

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No. Civ S-11-2462 KJM KJN P

vs.

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MATTHEW CATE, et al.,

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Defendants.

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

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 6, 2012, the magistrate judge filed findings and recommendations,

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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 twenty-one days. Plaintiff has filed

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objections to the findings and recommendations. In the objections, plaintiff complains that he

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did not file a second amended complaint but that the magistrate judge screened something which

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he characterized as a second amended complaint. It appears that an additional copy of the first

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amended complaint was docketed as the second amended complaint, as the documents are the

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same, and so what plaintiff believes should have been screened was in fact screened.
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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 file,

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the court finds the findings and recommendations to be supported by the record and by the

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 6, 2012, which incorporate

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the order also filed January 6, 2012, are adopted in full; and

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2. Defendant Cate is dismissed.
DATED: March 26, 2012.

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UNITED STATES DISTRICT JUDGE

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/asbe2462.804

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