(PC) Elbert v. Swarthout et al, No. 2:2011cv01154 - Document 32 (E.D. Cal. 2012)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 11/20/12 ORDERING that the findings and recommendations filed October 29, 2012 are adopted in full; and Defendant Swarthout is dismissed from this action for failure to state a claim upon which relief may be granted. (Becknal, R)

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(PC) Elbert v. Swarthout 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 VIRGIL ROBERT ELBERT, Plaintiff, 11 vs. 12 13 No. 2:11-cv-1154 GEB EFB P GARY SWARTHOUT, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 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 Rule 302. On October 29, 2012, the magistrate judge filed findings and recommendations 19 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 fourteen days from the 22 date the findings and recommendations were served. Plaintiff has filed objections to the findings 23 and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 25 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 26 //// 1 Dockets.Justia.com 1 file, the court finds the findings and recommendations to be supported by the record and by 2 proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed October 29, 2012 are adopted in full; 5 6 7 and 2. Defendant Swarthout is dismissed from this action for failure to state a claim upon which relief may be granted. 8 So ordered. 9 Dated: November 20, 2012 10 11 12 GARLAND E. BURRELL, JR. Senior United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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