Opinion
1:04-cv-05477-REC-DLB-P, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 23).
September 7, 2005
ORDER DISMISSING ACTION AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT FOR DEFENDANTS
Plaintiff, J. Rivera ("plaintiff"), a state prisoner proceeding pro se and in forma pauperis, 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 Rule 72-302.
On June 16, 2005, 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 (20) days. To date, plaintiff has not filed objections to the Magistrate Judge's Findings and Recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 73-305, 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 June 16, 2005, are ADOPTED IN FULL; and,
2. This action is DISMISSED for plaintiff's failure to obey the court's order of November 15, 2004, and for failure to state a claim upon which relief may be granted.
3. The Clerk of the Court is directed to enter judgment for defendants.
IT IS SO ORDERED.