Opinion
Case No. C9-5116RJB/JRC.
August 9, 2010
ORDER ADOPTING A REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Richard Creatura, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
1. The Court adopts the Report and Recommendation.
2. This action is dismissed WITH PREJUDICE as the force used by the defendant was used to restore order and did not violate the cruel and unusual punishment clause of the Eighth Amendment.
3 The Clerk is directed to send a copy of this Order to plaintiff, and to the Hon. J. Richard Creatura.