Opinion
No. CIV-S-04-0314 MCE/DAD P.
December 14, 2005
ORDER
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.
On October 19, 2005, the Magistrate Judge filed Amended Findings and Recommendations herein which were served on Plaintiff and which contained notice to Plaintiff that any objections to the Findings and Recommendations were to be filed within twenty days.
Plaintiff has not filed Objections to the Findings and Recommendations.
The Court has reviewed the file and finds the Findings and Recommendations to be supported by the record and by the Magistrate Judge's analysis. Accordingly, IT IS HEREBY ORDERED that:
1. The Amended Findings and Recommendations filed October 19, 2005, are adopted in full;
2. Plaintiff's Amended Complaint, filed on December 13, 2004, is dismissed;
3. Claims concerning defendants Rimmer and Grannis are dismissed with prejudice for failure to state a claim;
4. Claims concerning the remaining Defendants are dismissed without prejudice in order to allow Plaintiff to pursue those claims in a court where venue is proper if he so desires; and
5. This action is dismissed.