(PC) Wilson v. Nesbeth et al, No. 2:2006cv01139 - Document 17 (E.D. Cal. 2008)

Court Description: ORDER ADOPTING 15 FINDINGS and RECOMMENDATIONS signed by Judge Frank C. Damrell, Jr on 2/1/08. This action is dismissed for failure to state a claim. Clerk to enter judgment and close file. CASE CLOSED(Dillon, M)

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(PC) Wilson v. Nesbeth et al Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID W. WILSON, Plaintiff, 12 vs. 13 14 No. CIV S-06-1139-FCD-CMK-P ORDER W.C. NESBETH, et al., Defendants. 15 / 16 17 Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. 20 On January 11, 2008, the magistrate judge filed findings and recommendations 21 herein which were served on the parties and which contained notice that any objections to the 22 findings and recommendations were to be filed within 20 days. Timely objections to the 23 findings and recommendations have been filed. 24 /// 25 /// 26 /// 1 Dockets.Justia.com In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 1 2 304, this court has conducted a de novo review of this case. Having carefully reviewed the 3 entire file, the court finds the findings and recommendations to be supported by the record and 4 by proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed January 11, 2008, are adopted in 8 2. This action is dismissed for failure to state a claim; and 9 3. The Clerk of the Court is directed to enter judgment and close this file. 7 10 full; DATED: February 1, 2008. 11 12 13 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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