-DLB Robert Rodriguez v. Police Dog Kubo et al, No. 1:2011cv01371 - Document 7 (E.D. Cal. 2011)
Court Description: ORDER ADOPTING 6 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DISMISSING Defendant Kubo signed by District Judge Lawrence J. O'Neill on 9/15/2011. (Jessen, A)
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-DLB Robert Rodriguez v. Police Dog Kubo et al Doc. 7 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 ROBERT RODRIGUEZ, 9 10 Plaintiff, 11 v. 12 POLICE DOG KUBO, et al., 13 14 Defendants. 15 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:11cv01371 LJO DLB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF DEFENDANT KUBO WITH PREJUDICE (Doc. 6) 16 Plaintiff Robert Rodriguez (“Plaintiff”), a county jail inmate appearing pro se and 17 proceeding in forma pauperis, filed the instant action on August 17, 2011. 18 On August 23, 2011, the Magistrate Judge issued Findings and Recommendations that 19 Defendant Kubo be DISMISSED WITH PREJUDICE. The Findings and Recommendations 20 were served on plaintiff and contained notice that any objections were to be filed within fourteen 21 (14) days. More than fourteen days have passed and no objections were filed. 22 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a 23 de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 24 Findings and Recommendations are supported by the record and proper analysis. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The Findings and Recommendations issued August 23, 2011, are ADOPTED IN 27 FULL; and 28 1 Dockets.Justia.com 1 2. 2 Defendant Kubo is DISMISSED WITH PREJUDICE from this action based on Plaintiff’s failure to state a claim against K-9 Kubo. 3 3. 4 IT IS SO ORDERED. 5 Dated: 66h44d This action SHALL PROCEED only against Defendant Tushnet. September 15, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 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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