(PC) Benyamini v. Ogbeide, et al, No. 2:2010cv00101 - Document 15 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 9/1/2010 ORDERING 13 Findings and Recommendations are adopted in full; and defendants Ogbeide and Vicks are dismissed from this action. (Matson, R)
Download PDF
(PC) Benyamini v. Ogbeide, et al Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT BENYAMINI, Plaintiff, 11 12 13 14 vs. V. OGBEIDE, et al., Defendants. ORDER / 15 16 No. CIV S-10-0101 FCD GGH P 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 Rule 302. 19 On August 18, 2010, 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 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 August 18, 2010, are adopted in full; 3 4 5 and 2. For the reasons set forth in the April 30, 2010, order (docket # 5), defendants Ogbeide and Vicks are dismissed from this action. 6 7 8 9 DATED: September 1, 2010. _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2