Revis v. Syerson et al

Filing 32

ORDER ADOPTING 28 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 3/25/14. Defendant Syerson's 18 Motion to Dismiss is GRANTED. (Manzer, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDRE REVIS, 12 13 14 No. 2:12-cv-2751-MCE-EFB P Plaintiff, v. ORDER DALE SYERSON, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 18, 2014, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations and defendant Syerson has filed a response 24 thereto. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 court has conducted a de novo review of this case. Having carefully reviewed the entire 27 file, the court finds the findings and recommendations to be supported by the record and by 28 proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 18, 2014, are adopted in full; and 3 2. Defendant Syerson’s August 12, 2013 motion to dismiss (ECF No. 18) is granted. 4 So ordered. 5 Dated: March 25, 2014 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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