(PC) Cruz v. Schwarzenegger et al, No. 1:2008cv00352 - Document 11 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS re 10 , and DISMISSING Action 9 , with Prejudice, for Failure to State any Claims Under Section 1983 signed by Judge Oliver W. Wanger on 4/2/2009. CASE CLOSED(Figueroa, O)
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(PC) Cruz v. Schwarzenegger et al Doc. 11 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 RICHARD F. CRUZ, 10 Plaintiff, 11 12 CASE NO. 1:08-cv-00352-OWW-SMS PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE ANY CLAIMS UNDER SECTION 1983 v. SCHWARZENEGGER, et al., 13 Defendants. (Docs. 9 and 10) / 14 15 Plaintiff Richard F. Cruz is a state prisoner proceeding pro se and in forma pauperis in this 16 civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 17 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 18 On February 4, 2009, the Magistrate Judge filed a Findings and Recommendations 19 recommending dismissal of this action. Plaintiff was notified he had thirty days within which to file 20 any objections. No Objection was filed. 21 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 22 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 23 and Recommendations to be supported by the record and by proper analysis. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. 26 /// 27 /// 28 The Findings and Recommendations, filed February 4, 2009, is adopted in full; and /// 1 Dockets.Justia.com 1 2 2. This action is dismissed, with prejudice, for failure to state any claims under section 1983. 3 4 IT IS SO ORDERED. 5 Dated: April 2, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 6 7 8 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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