(PC) Allen v. Picciano, No. 2:2009cv01141 - Document 25 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge William B. Shubb on 8/20/10 ORDERING the findings and recommendations 22 are ADOPTED IN FULL; pltf's motion for preliminary injunction 24 is DENIED; action DISMISSED for failure to state a claim and the Clerk is directed to close the case. (Carlos, K)
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(PC) Allen v. Picciano Doc. 25 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EUGENE ALLEN, Plaintiff, 11 vs. 12 13 No. CIV S-09-1141 WBS EFB P CONSTANCE PICCIANO, Defendant. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 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 Rule 302. On June 30, 2010, the magistrate judge filed findings and recommendations 19 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 fourteen days. Plaintiff has not 22 filed objections to the findings and recommendations.1 23 /// 24 /// 25 1 26 Plaintiff did, however, request that the court rule on his request for an injunction. Dckt. No. 24. He also requested that this action be dismissed. Dckt. No. 23. 1 Dockets.Justia.com 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 1. The findings and recommendations filed June 30, 2010 are adopted in full. 5 2. Plaintiff’s November 16, 2009 motion for a preliminary injunction is denied. 6 3. This action is dismissed for failure to state a claim. 28 U.S.C. § 1915A. 7 4. The Clerk is directed to close the case. 8 DATED: August 20, 2010 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2