(PC) Strong v. Elliot, No. 1:2009cv00583 - Document 15 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 14 FINDINGS AND RECOMMENDATIONS; Plaintiffs Thirteenth Amendment Claim is DISMISSED; This Action Shall Proceed Against Defendant Only on Plaintiffs Eighth AmendmentClaim.; and This Action is Referred to the Magistrate Judge for Further Proceedings, signed by Chief Judge Anthony W. Ishii on 12/21/2010. (Marrujo, C)
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(PC) Strong v. Elliot Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE BERRY STRONG, 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS KENNETH ELLIOTT, ORDER DISMISSING THIRTEENTH AMENDMENT CLAIM 13 14 Case No. 1:09-cv-00583 AWI JLT (PC) vs. 15 Defendant. 16 (Doc. 14) ________________________________/ 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action 18 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant 19 to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 26, 2010, the Magistrate Judge filed findings and recommendations which were 21 served on Plaintiff and contained noticed that any objections to the findings and recommendations 22 were to be filed within twenty-one days. The twenty-one day period has since expired, and Plaintiff 23 has not filed objections to the findings and recommendations. 24 In accordance with 28 U.S.C. 636(b)(1)(B) and Local Rule 302, the Court has conducted a 25 de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings 26 and recommendations to be supported by the record and proper analysis. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 are adopted in full; 2. 5 6 Plaintiff’s Thirteenth Amendment claim is dismissed without leave to amend for failure to state a claim upon which relief may be granted; 3. 7 8 The findings and recommendations of the magistrate judge filed October 26, 2010, This action shall proceed against Defendant only on Plaintiff’s Eighth Amendment claim.; and 4. This action is referred to the Magistrate Judge for further proceedings. 9 10 IT IS SO ORDERED. 11 12 Dated: 0m8i78 December 21, 2010 CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2