(PC) McElroy v. Schultz et al, No. 1:2008cv00179 - Document 24 (E.D. Cal. 2010)
Court Description: ORDER re Findings and Recommendations 22 , signed by Judge Oliver W. Wanger on 4/30/2010. CASE CLOSED.(Verduzco, M)
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(PC) McElroy v. Schultz et al Doc. 24 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 8 LATWAHN McELROY, Plaintiff, 1: 08 CV 00179 OWW MJS PC vs. ORDER RE: FINDINGS & RECOMMENDATIONS (#22) 9 10 11 C/O SCHULTZ, et al., 12 Defendants. 13 14 15 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter 16 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 17 Rule 72-302. 18 On March 31, 2010, findings and recommendations were entered, recommending 19 dismissal of this action for failure to state a claim upon which relief can be granted. Plaintiff 20 was provided an opportunity to file objections within twenty days. Plaintiff has not filed 21 objections to the findings and recommendations. 22 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 23 73-305, this court has conducted a de novo review of this case. Having carefully reviewed the 24 entire file, the court finds the findings and recommendations to be supported by the record and 25 proper analysis. 26 1 Dockets.Justia.com 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. The Findings and Recommendations issued by the Magistrate Judge on March 3 4 5 31, 2010, are adopted in full; and 2. This action is dismissed for failure to state a claim upon which relief can be granted. The Clerk is directed to close this case. 6 7 8 9 10 IT IS SO ORDERED. 11 Dated: April 30, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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