(PS) Hubbard v. Theus, et al, No. 2:2007cv02646 - Document 5 (E.D. Cal. 2008)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 1/31/08 ADOPTING 3 FINDINGS and RECOMMENDATIONS in full; pltf's 2 application to proceed IFP is DENIED; and this action is DISMISSED w/prejudice for lack of subject matter jurisdiction. CASE CLOSED. (Yin, K)

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(PS) Hubbard v. Theus, et al Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MYRNA HUBBARD, Plaintiff, 11 vs. 12 13 REGGIE THEUS, et al., Defendants. 14 ORDER / 15 Plaintiff, proceeding pro se, filed the above-entitled action. The matter was 16 17 No. CIV S-07-2646 FCD DAD PS referred to a United States Magistrate Judge pursuant to Local Rule 72-302(c)(21). 18 On January 2, 2008, the magistrate judge filed findings and recommendations 19 herein which were served on plaintiff and which contained notice to plaintiff that any objections 20 to the findings and recommendations were to be filed within ten days. Plaintiff has not filed 21 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 22 23 supported by the record and by the magistrate judge’s analysis. 24 ///// 25 ///// 26 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 2, 2008, are adopted in full; 3 2. Plaintiff’s December 10, 2007 application to proceed in forma pauperis is 4 5 6 denied; and 3. This action is dismissed with prejudice for lack of subject matter jurisdiction. DATED: January 31, 2008. 7 8 9 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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