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Brown v. Polvorosa

United States District Court, E.D. California
May 30, 2008
No. CIV S-07-1516 FCD EFB P (E.D. Cal. May. 30, 2008)

Opinion

No. CIV S-07-1516 FCD EFB P.

May 30, 2008


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 April 8, 2008, 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.

Petitioner requests that the court refund the $350 filing fee. The court has no authority to grant this request.

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 April 8, 2008, are adopted in full;

2. Plaintiff's October 15, 2007, request for a preliminary injunction is denied; and,

3. This action is dismissed for plaintiff's failure to state a claim. See 28 U.S.C. § 1915A; see also Lopez v. Smith, 203 F.3d 1122, 1128 (9th Cir. 2000) (indigent prisoner proceeding without counsel must be given leave to file amended complaint unless the court can rule out any possibility that the plaintiff could state a claim).


Summaries of

Brown v. Polvorosa

United States District Court, E.D. California
May 30, 2008
No. CIV S-07-1516 FCD EFB P (E.D. Cal. May. 30, 2008)
Case details for

Brown v. Polvorosa

Case Details

Full title:THOMAS BROWN, Plaintiff, v. DAWN POLVOROSA, Defendant

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

Date published: May 30, 2008

Citations

No. CIV S-07-1516 FCD EFB P (E.D. Cal. May. 30, 2008)