Opinion
No. 1:04-cv-06264-AWI-SMS-P.
February 15, 2006
Plaintiff Kevyn Devereaux ("plaintiff"), a former state prisoner proceeding pro se and in forma pauperis, filed this civil rights action seeking relief under 42 U.S.C. § 1983, 42 U.S.C. § 12132 (Americans with Disabilities Act), and 29 U.S.C. § 794 (Rehabilitation Act). 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 November 1, 2005, the Magistrate Judge filed Findings and Recommendations herein which was served on plaintiff and which contained notice to plaintiff that an objection to the Findings and Recommendations, if any, was to be filed within thirty (30) days. The Findings and Recommendations was re-served on plaintiff on December 14, 2005, due to a change in plaintiff's address. To date, plaintiff has not filed objections to the Magistrate Judge's Findings and Recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 73-305, 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 November 1, 2005, is ADOPTED IN FULL; and,
2. This action is DISMISSED, with prejudice, for plaintiff's failure to state any claims upon which relief may be granted under section 1983, the ADA, or the RA.
IT IS SO ORDERED.