Opinion
No. CIV S-09-3174 MCE CKD P
01-27-2012
MALIK JONES, Plaintiff, v. A. DAVID, et al., Defendants.
ORDER
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 28, 2011, 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. 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 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 December 28, 2011 (ECF No. 53), are ADOPTED in full; and
2. The November 15, 2011 motion to dismiss filed by defendant Holmes is GRANTED.
_______________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE