McCoy v. Schirmer

Full title: AARON McCOY, Plaintiff, v. E. SCHIRMER, et al., Defendants

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

Date published: Aug 3, 2006

No. CIV S-05-0165 DFL DAD P (E.D. Cal. Aug. 3, 2006)

Opinion

No. CIV S-05-0165 DFL DAD P.

August 3, 2006

ORDER

DAVID LEVI, 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 March 30, 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. Plaintiff has not 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 March 30, 2006, are adopted in full;

2. Plaintiff's January 27, 2005 application to proceed in forma pauperis is denied;

3. Plaintiff's claims against defendants Amero and Cummings are dismissed with prejudice as frivolous;

4. Plaintiff's claims against all other defendants are dismissed without prejudice for failure to exhaust administrative remedies prior to bringing this action; and

5. This action is dismissed.