Chappell v. McCargar

Full title: REX CHAPPELL, Plaintiff, v. D. McCARGAR, et al., Defendants

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

Date published: Feb 22, 2008

2:02-cv-2299-GEB-KJM-P (E.D. Cal. Feb. 22, 2008)

Opinion

2:02-cv-2299-GEB-KJM-P.

February 22, 2008

ORDER

GARLAND BURRELL 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 13, 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. Neither party has 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 findings and recommendations filed December 13, 2007, are adopted in full;

2. Defendants' March 19, 2007 motion for summary judgment is denied; and

3. Plaintiff's First Amendment retaliation claims against defendants Pliler and Martel are dismissed.