(PC) Motley v. Smith et al, No. 2:2008cv01423 - Document 20 (E.D. Cal. 2009)
Court Description: ORDER adopting 15 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Roger L. Hunt on 10/26/09. Plaintiff' claims are permitted to proceed, or dismissed, as stated therein. (Kaminski, H)
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(PC) Motley v. Smith et al Doc. 20 1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE DISTRICT OF CALIFORNIA 6 SACRAMENTO DIVISION 7 *** 8 9 10 11 12 EDWARD MOTLEY, ) ) Plaintiff(s), ) ) vs. ) ) J. SMITH, et al., ) ) Defendant(s). ) ____________________________________) 2:08-CV-01423-RLH-VPC ORDER 13 14 Before this Court is the Report and Recommendation of United States Magistrate 15 Judge (#15, filed July 30, 2009), entered by the Honorable Valerie P. Cooke regarding the screening 16 of Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915(a). Objections (#19, filed September 28, 17 2009) were filed to Magistrate Judge Cooke’s Report and Recommendation of United States 18 Magistrate Judge in accordance with Local Rule 72-304(b) of the Rules of Practice of the United 19 States District Court for the Eastern District of California, and the matter was submitted for 20 consideration. 21 The court has conducted a de novo review of the record in this case in accordance 22 with 28 U.S.C. §636(b)(1)(B) and (C), and Local Rules 72-303 and -304, and determines that the 23 Report and Recommendation of Magistrate Judge Cooke are not clearly erroneous nor contrary to 24 law, and 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 (#15, entered July 30, 2009) is ACCEPTED and ADOPTED and Plaintiff’s claims are 3 permitted to proceed, or dismissed, as stated therein. 4 Dated: October 26, 2009. 5 6 _________________________________ ROGER L. HUNT Chief U.S. District Judge 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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