(PC) Wilson v. Tilton et al, No. 2:2007cv01192 - Document 77 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr. on 6/7/2011 ADOPTING 71 Findings and Recommendations in full. Dfts' 62 Motion to Dismiss is GRANTED. Pltf's claims against dft Swan are DISMISSED without prejudice. (Zignago, K.)
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(PC) Wilson v. Tilton et al Doc. 77 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID WILSON, 11 12 13 14 Plaintiff, vs. JAMES TILTON, et al., Defendants. 15 16 No. 2:07-cv-1192 GEB DAD (PC) ORDER / 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 Rule 302. 19 On April 29, 2011, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within fourteen days. Plaintiff 22 has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed April 29, 2011, are adopted in full; 3 2. Defendants’ January 28, 2011 motion to dismiss (Doc. No. 62) is granted; and 4 3. Plaintiff’s claims against defendant Swan are dismissed without prejudice. 5 Dated: June 7, 2011 6 7 8 GARLAND E. BURRELL, 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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