Elmore v. Carey

Full title: DAVID WAYNE ELMORE, Plaintiff, v. TOM L. CAREY, et al., Defendants

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

Date published: Sep 28, 2007

2:04-cv-2657-GEB-EFB-P (E.D. Cal. Sep. 28, 2007)

Opinion

2:04-cv-2657-GEB-EFB-P.

September 28, 2007

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 September 6, 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 fourteen 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 September 6, 2007, are adopted in full; and

2. This action is dismissed without prejudice with respect to defendant Solomon.