(PC) LaFaele v. Schwarzenegger, No. 2:2006cv01049 - Document 29 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS 22 in full, signed by Judge Frank C. Damrell, Jr on 2/3/2009; and this action is DISMISSED due to plaintiff's failure to state a cognizable claim. CASE CLOSED. (Reader, L)
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(PC) LaFaele v. Schwarzenegger Doc. 29 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TOVIA LA FAELE, Plaintiff, 11 12 13 14 vs. ARNOLD SCHWARZENEGGER, Defendant. ORDER / 15 16 No. CIV S-06-1049 FCD DAD P Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On October 8, 2008, the magistrate judge filed findings and recommendations 20 herein which were served on plaintiff and which contained notice to plaintiff that any objections 21 to the findings and recommendations were to be filed within twenty days. Plaintiff has filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 8, 2008, are adopted in full; 3 4 5 and 2. This action is dismissed due to plaintiff’s failure to state a cognizable claim. DATED: February 3, 2009. 6 7 8 _______________________________________ FRANK C. DAMRELL, JR. 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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