(PC) Alford v. Kelly et al, No. 2:2010cv02515 - Document 4 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 11/29/10 ORDERING the Findings and Recommendations 3 are ADOPTED IN FULL and this action is DISMISSED WITHOUT PREJUDICE.(Carlos, K)
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(PC) Alford v. Kelly et al Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICKEY LOUIS ALFORD, Plaintiff, 11 vs. 12 13 No. CIV S-10-2515 FCD DAD P CRIST KELLY, et al., 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 October 12, 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 twenty-one days. Plaintiff has not 22 filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 2 3 1. The findings and recommendations filed October 12, 2010, are adopted in full; and 2. This action is dismissed without prejudice as improperly filed in this court. 4 See 28 U.S.C. § 1406(a). 5 DATED: November 29, 2010. 6 7 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2