Aranda v. Meyers

Full title: FERNANDO ARANDA, Plaintiff, v. ELIZABETH MEYERS, et al. Defendants

Court: United States District Court, E.D. California

Date published: Jan 10, 2008

No. 2:07-cv-00805-MCE-DAD P (E.D. Cal. Jan. 10, 2008)

Opinion

No. 2:07-cv-00805-MCE-DAD P.

January 10, 2008

ORDER

MORRISON ENGLAND JR., District Judge

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 December 6, 2007, the magistrate judge filed 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 filed objections to the findings and recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed December 6, 2007, are adopted in full;

2. Plaintiff's complaint is dismissed for failure to state a claim;

3. Plaintiff's request for injunctive relief is denied;

4. This action is dismissed; and

5. Plaintiff's state law claim is dismissed without prejudice to its refiling in state court.