Opinion
No. CIV S-05-1105 LKK EFB P.
December 13, 2007
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 September 28, 2007, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. Plaintiff has filed objections to the findings and recommendations.
Plaintiff filed a document styled as a "motion for reconsideration" on October 9, 2007, which this court deems to be a second set of 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 September 28, 2007, are adopted in full;
2. Defendant Barron is dismissed without prejudice; and
3. Plaintiff's October 9, 2007, motion for reconsideration is construed as further objections to the magistrate judge's September 28, 2007, findings and recommendations and as such is denied by operation of this order.