(PC)Davis v. Shaw et al, No. 2:2008cv02161 - Document 17 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr. on 2/2/09 ADOPTING 15 Findings and Recommendations in full. This action is DISMISSED without prejudice. CASE CLOSED. (Engbretson, K.)

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(PC)Davis v. Shaw et al Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRYAN DAVIS, SR., Plaintiff, 11 12 13 14 vs. DAVID R. SHAW, et al., Defendants. ORDER / 15 16 No. 2:08-cv-2161 FCD JFM (PC) 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 General Order No. 262. 19 On January 14, 2009, the magistrate judge filed findings and recommendations 20 herein which were served on plaintiff and which contained notice to plaintiff that any objections 21 to the findings and recommendations were to be filed within twenty days. Plaintiff has filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 14, 2009, are adopted in full; 3 2. This action be dismissed without prejudice. See Local Rule 11-110; Fed. R. 4 Civ. P. 41(b). 5 DATED: February 2, 2009. 6 7 8 _______________________________________ FRANK C. DAMRELL, 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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