Calihan v. Cate et al

Filing 23

ORDER signed by Chief Judge Morrison C. England, Jr on 10/8/2013 ADOPTING 18 FINDINGS AND RECOMMENDATIONS in full. Claims against defendants Kalan and Barroga are DISMISSED for failure to state a claim upon which relief may be granted. (Donati, J)

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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 KENNETH R. CALIHAN, 12 Plaintiff, 13 14 No. 2:12-cv-2937-MCE-EFB P v. ORDER MATTHEW CATE, 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 August 19, 2013, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has not filed 23 objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 1. The findings and recommendations filed August 19, 2013 (ECF No. 18), are ADOPTED in full; and 1 1 2. Claims against defendants Kaplan and Barroga are DISMISSED for failure to state a 2 claim upon which relief may be granted. 3 Dated: October 8, 2013 4 5 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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