(PC) Lee v. Swan et al, No. 2:2009cv02666 - Document 36 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 10/26/10 ORDERING the findings and recommendations 34 ADOPTED IN FULL; and dfts' 4/5/10 motion to dismiss 25 is GRANTED. CASE CLOSED. (Carlos, K)
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(PC) Lee v. Swan et al Doc. 36 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE LEE, 12 Plaintiff, 13 14 No. 2:09-cv-2666 MCE KJN P vs. ORDER CORRECTIONAL SERGEANT SWAN, et al., 15 Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 3, 2010, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty-one days. Plaintiff has filed 23 objections to the findings and recommendations. 24 /// 25 /// 26 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed September 3, 2010, are adopted in full; and 7 2. Defendants’ April 5, 2010 motion to dismiss is granted. 8 Dated: October 26, 2010 9 10 11 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2