(PC) Kelley v. Subia et al, No. 2:2007cv00969 - Document 14 (E.D. Cal. 2008)
Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 2/1/08 ADOPTING 13 Findings and Recommendations IN FULL. This action is DISMISSED for Pltf's failure to state a claim. CASE CLOSED. (Engbretson, K.)
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(PC) Kelley v. Subia et al Doc. 14 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WADE EDWARD KELLY, Plaintiff, 11 12 vs. 13 No. CIV S-07-0969 FCD EFB P R.J. SUBIA, et al, Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 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. On December 4, 2007, the magistrate judge filed findings and recommendations 19 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 not filed 22 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 //// 1 Dockets.Justia.com 1 2 3 1. The findings and recommendations filed December 4, 2007, are adopted in full; and 2. This action is dismissed for plaintiff’s failure to state a claim. See 28 U.S.C. § 4 1915A; see also Lopez v. Smith, 203 F.3d 1122, 1128 (9th Cir. 2000) (indigent prisoner 5 proceeding without counsel must be given leave to file amended complaint unless the court can 6 rule out any possibility that the plaintiff could state a claim). 7 DATED: February 1, 2008. 8 9 10 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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