(PC) Morgan v. California Department of Corrections and Rehabilitation, No. 2:2009cv02998 - Document 11 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 1/11/2010 ORDERING that the 7 findings and recommendations filed December 11, 2009, are adopted in full. This action is dismissed for failure to state a claim upon which relief may be granted. CASE CLOSED. (Duong, D)

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(PC) Morgan v. California Department of Corrections and Rehabilitation Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TYRONE MORGAN, 11 12 13 Plaintiff, No. 2:09-cv-2998 GEB JFM (PC) vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, 14 Defendant. 15 16 ORDER / 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 December 11, 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 fourteen 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 entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed December 11, 2009, are adopted in 3 full; and 4 2. This action is dismissed for failure to state a claim upon which relief may be 5 granted. 6 Dated: January 11, 2010 7 8 9 GARLAND E. BURRELL, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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