(PC) Hughes v. Coalinga State Hospital, No. 1:2006cv01525 - Document 9 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING 8 FINDINGS and RECOMMENDATIONS; ORDER DISMISSING Action for Failure to State a Claim; and ORDER Directing the Clerk to CLOSE CASE signed by District Judge Lawrence J. O'Neill on 2/3/2009. (Figueroa, O)

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(PC) Hughes v. Coalinga State Hospital Doc. 9 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 THOMAS HUGHES, 11 12 13 Plaintiff, vs. 1:06-cv-01525-LJO-SMS-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 8.) COALINGA STATE HOSPITAL, et al., ORDER DISMISSING ACTION FOR FAILURE TO STATE A CLAIM Defendants. _____________________________/ ORDER DIRECTING CLERK TO CLOSE CASE 14 15 16 Thomas Hughes (“plaintiff”) is a civil detainee proceeding pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 18 States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 72-302. 19 On November 21, 2008, findings and recommendations were entered, recommending 20 that this action be dismissed based on plaintiff’s failure to state a claim upon which relief may be 21 granted. (Doc. 8.) Plaintiff was provided an opportunity to file objections to the findings and 22 recommendations within thirty days. More than sixty days have passed, and plaintiff has not filed 23 objections or otherwise responded to the findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73- 25 305, this court has conducted a de novo review of this case. Having carefully reviewed the entire 26 file, the court finds the findings and recommendations to be supported by the record and proper 27 analysis. 28 1 Dockets.Justia.com 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. The Findings and Recommendations issued by the Magistrate Judge on November 3 21, 2008, are adopted in full; 4 5 2. This action is dismissed with prejudice, based on plaintiff’s failure to state a claim upon which relief may be granted; and 6 3. The Clerk of Court is directed to close this case. 7 IT IS SO ORDERED. 8 Dated: b9ed48 February 3, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 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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