(PS) Wilmshurst v. Lockyer et al, No. 2:2006cv00308 - Document 10 (E.D. Cal. 2008)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Ralph R. Beistline on 2/1/2008 re 7 Findings and Recommendations; This action is dismissed w/out prejudice. CASE CLOSED. (Matson, R)

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(PS) Wilmshurst v. Lockyer et al Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD E. WILMSHURST, 11 Plaintiff, 12 13 CIV-S-06-308 RRB EFB PS vs. BILL LOCKYER et al.,. 14 Defendants. 15 __________________________________/ 16 ORDER On August 7, 2006, the magistrate judge filed findings and recommendations 17 herein which were served on the parties and which contained notice that any objections to the 18 findings and recommendations were to be filed within ten days. No objections were filed. 19 Accordingly, the court presumes any findings of fact are correct. See Orland v. 20 United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are 21 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 22 1983). 23 The court has reviewed the applicable legal standards and, good cause appearing, 24 concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. 25 \\\\\ 26 \\\\\ 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The Proposed Findings and Recommendations filed August 7, 2006, are 3 ADOPTED; and 4 2. This action is dismissed without prejudice. See Local Rule 11-110; Fed. R. 5 Civ. P. 41(b). 6 DATED: 2/1/2008 7 8 /s/ Ralph R. Beistline UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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