(PC) Foley v. Jolly et al, No. 1:2008cv00339 - Document 10 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS 28 signed by District Judge Lawrence J. O'Neill on 4/27/2009. CASE CLOSED (Figueroa, O)
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(PC) Foley v. Jolly et al Doc. 10 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 8 TRACY ROMERO FOLEY, Plaintiff, 1: 08 CV 0339 LJO WMW PC vs. ORDER RE: FINDINGS & RECOMMENDATIONS (#28) 9 10 11 B. JOLLY, 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 24, 2009, findings and recommendations were entered, recommending 19 dismissal of this action for failure to state a claim upon which relief can be granted. On April 6, 20 2009, plaintiff filed objections to the findings and recommendations. 21 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 22 73-305, this court has conducted a de novo review of this case. Having carefully reviewed the 23 entire file, the court finds the findings and recommendations to be supported by the record and 24 proper analysis. 25 Accordingly, THE COURT HEREBY ORDERS that: 26 1 Dockets.Justia.com 1. The Findings and Recommendations issued by the Magistrate Judge on March 1 2 24, 2009, are adopted in full; and 2. This action is dismissed for failure to state a claim upon which relief can be 3 4 granted. The Clerk is directed to close this case. 5 6 7 8 9 10 IT IS SO ORDERED. Dated: April 27, 2009 /s/ Lawrence J. O'Neill b9ed48 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2