(PC) Tripp v. Stocker et al, No. 2:2008cv02876 - Document 32 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 1/11/10 ORDERING that the findings and recommendations filed December 10, 2009, are adopted in full; and Defendants' July 13, 2009, motion to dismiss 23 is granted as to the ADA claim and denied as to the Eighth Amendment claims. (Becknal, R)

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(PC) Tripp v. Stocker et al Doc. 32 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LONNIE TRIPP, 11 12 13 14 Plaintiff, vs. KIM STOCKER, et al., Defendants. 15 16 No. CIV S-08-2876 GEB GGH P ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On December 10, 2009, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty-one days. 22 Plaintiff has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed December 10, 2009, are adopted in 3 4 full; and 2. Defendants’ July 13, 2009, motion to dismiss (Docket No. 23) is granted as to 5 the ADA claim and denied as to the Eighth Amendment claims. 6 Dated: January 11, 2010 7 8 9 GARLAND E. BURRELL, 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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