Graves v. Gentry

Full title: FRED GRAVES, Plaintiff, v. B. GENTRY, et al., Defendants

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

Date published: Aug 31, 2006

No. CIV S-05-1478 FCD DAD P (E.D. Cal. Aug. 31, 2006)

Opinion

No. CIV S-05-1478 FCD DAD P.

August 31, 2006

ORDER

FRANK DAMRELL 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 July 10, 2006, 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. Pursuant to an extension of time granted by the magistrate judge on July 27, 2006, plaintiff has filed objections to the findings and recommendations.

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 July 10, 2006, are adopted in full; and

2. This action is dismissed without prejudice for failure to state a cognizable claim.