Blair v. California Department of Corrections

Full title: BILLY WAYNE BLAIR, JR, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS…

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

Date published: Oct 8, 2008

1:07-cv-01601-OWW-DLB PC (E.D. Cal. Oct. 8, 2008)

Opinion

BILLY WAYNE BLAIR, JR, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. No. 1:07-cv-01601-OWW-DLB PC United States District Court, E.D. California. October 8, 2008

          ORDER ADOPTING FINDINGS AND RECOMMENDATION, AND DISMISSING ACTION FOR FAILURE TO STATE A CLAIM (Doc. 2)

          OLIVER W. WANGER, District Judge.

         Plaintiff Billy Wayne Blair, Jr ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 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 Rule 72-302.

         On August 20, 2008, the Magistrate Judge filed a Findings and Recommendations herein which was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and Recommendations was to be filed within thirty days. Plaintiff did not file a timely Objection to the Findings and Recommendations.

         In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), 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 August 20, 2008, is adopted in full; and

2. This action is dismissed for failure to state a claim upon which relief may be granted.

         IT IS SO ORDERED.