(PS) Neyer et al v. United States Department of the Treasury et al, No. 2:2008cv00241 - Document 33 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge John A. Mendez on 1/13/2009 ADOPTING FINDINGS and RECOMMENDATIONS re 24 Findings and Recommendations; 20 Motion to Dismiss is GRANTED; This action is dismissed; and the Clerk is directed to enter judgment and close this file. CASE CLOSED. (Matson, R)

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(PS) Neyer et al v. United States Department of the Treasury et al Doc. 33 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LELAND ANTHONY NEYER, et al., 12 Plaintiffs, 13 No. CIV S-08-0241-JAM-CMK vs. ORDER 14 MARK E. DYSON, et al., 15 Defendants. 16 / 17 18 Plaintiffs, who are proceeding pro se, bring this civil action. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. 19 On October 7, 2008, the magistrate judge filed findings and recommendations 20 herein which were served on the parties and which contained notice that the parties may file 21 objections within a specified time. Timely objections to the findings and recommendations have 22 been filed. The court has also reviewed plaintiffs’ opposition, filed on October 6, 2008.1 23 /// 24 /// 25 1 26 The opposition was filed after the findings and recommendations were signed but before they were entered on the court’s docket. 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 2 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 3 file, the court finds the findings and recommendations to be supported by the record and by 4 proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed October 7, 2008, are adopted in 8 2. The federal defendants’ motion to dismiss (Doc. 20) is granted; 9 3. This action is dismissed; and 10 4. The Clerk of the Court is directed to enter judgment and close this file. 7 11 full; DATED: January 13, 2009 12 13 /s/ John A. Mendez 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2

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