(PC) Van Buren v. Johnson et al, No. 2:2008cv01393 - Document 18 (E.D. Cal. 2009)

Court Description: ORDER adopting 12 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Roger L. Hunt on 11/24/09: Plaintiff is approved to proceed in forma pauperis, and the Complaint is dismissed without prejudice and with leave to amend. (Kaminski, H)

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(PC) Van Buren v. Johnson et al Doc. 18 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF CALIFORNIA 7 SACRAMENTO DIVISION 8 *** 9 10 11 12 13 MAURICE VAN BUREN, ) ) Plaintiff(s), ) ) vs. ) ) SARA JOHNSON, et al., ) ) Defendant(s). ) ____________________________________) 2:08-CV-1393-RLH (VPC) ORDER 14 15 Before this Court is the Report and Recommendation of United States Magistrate 16 Judge (#12, entered July 29, 2009), entered by the Honorable Valerie P. Cooke regarding Plaintiff’s 17 request to proceed in forma pauperis and the Court’s required screening of the Complaint. No 18 objection was filed to Magistrate Judge Cooke’s Report and Recommendation of United States 19 Magistrate Judge in accordance with Local Rule 72-304(b) of the Rules of Practice of the United 20 States District Court for the Eastern District of California, and the matter was submitted for 21 consideration. The court has conducted a de novo review of the record in this case in accordance 22 23 with 28 U.S.C. §636(b)(1)(B) and (C) and Local Rule 72-304(b) and determines that the Report and 24 Recommendation of Magistrate Judge Cooke should be accepted and adopted. 25 //// 26 //// 1 Dockets.Justia.com 1 IT IS THEREFORE ORDERED that Magistrate Judge’s Report and Recommenda- 2 tion (#12, entered July 29, 2009) is ACCEPTED and ADOPTED, Plaintiff is approved to proceed in 3 forma pauperis, and the Complaint is dismissed without prejudice and with leave to amend. 4 Dated: November 24, 2009. 5 _________________________________ ROGER L. HUNT Chief U.S. District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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