(PC) Fisher v. Felker, et al, No. 2:2007cv02271 - Document 61 (E.D. Cal. 2011)
Court Description: ORDER signed by District Judge Philip M. Pro on 1/19/11 ORDERING 59 Findings and Recommendations is adopted in full; and plaintiff Al Gene Fisher's First Amended Complaint (Doc. #13) against Defendants Wong, Jackson, Grannis, Roche, Felker, Amero, Smith, Richardson and Chrones is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. (Matson, R)
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(PC) Fisher v. Felker, et al Doc. 61 1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 -oOo- 7 8 AL GENE FISHER, Plaintiff, 9 10 vs. 11 T. FELKER, et al., 12 Defendants. 13 ) ) ) ) ) ) ) ) ) ) ) 2:07-CV-02271-PMP-GWF ORDER Before the Court for consideration is Plaintiff Al Gene Fisher’s First 14 15 Amended Complaint (Doc. #13), filed on May 12, 2008. On December 17, 2010, the 16 Honorable George Foley, Jr., United States Magistrate Judge, entered a Report of 17 Findings and Recommendations (Doc. #59) recommending that Plaintiff’s First 18 Amended Complaint (Doc. #13) be dismissed with prejudice for failure to state a 19 claim upon which relief may be granted. 20 On December 17, 2010, Plaintiff Fisher was served with Magistrate Judge 21 Foley’s Report of Findings and Recommendation (Doc. #59) advising Plaintiff that 22 he had 20 days to file in writing with the Clerk of Court any objections to the Report 23 of Findings and Recommendation (Doc. #59). The time to file any objections has 24 now expired. 25 /// 26 /// Dockets.Justia.com 1 The Court has conducted a de novo review of the record in this case in 2 accordance with 28 U.S.C.§ 636(b)(1) and determines that Magistrate Judge Foley’s 3 Report of Findings and Recommendation should be Affirmed. 4 5 6 IT IS THEREFORE ORDERED that Magistrate Judge Foley’s Report of Findings and Recommendation (Doc. #59) is Affirmed. IT IS FURTHER ORDERED that Plaintiff Al Gene Fisher’s First 7 Amended Complaint (Doc. #13) against Defendants Wong, Jackson, Grannis, Roche, 8 Felker, Amero, Smith, Richardson and Chrones is DISMISSED with prejudice for 9 failure to state a claim upon which relief may be granted. 10 11 DATED: January 19, 2011. 12 13 PHILIP M. PRO United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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