ROBERTS v. CATE

Full title: TONY ROBERTS, Plaintiff, v. MATTHEW CATE, et al., Defendants

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

Date published: Jan 28, 2011

No. 2:08-cv-2624 JAM KJN P (E.D. Cal. Jan. 28, 2011)

Opinion

No. 2:08-cv-2624 JAM KJN P.

January 28, 2011

ORDER

JOHN MENDEZ, 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 Rule 302.

On November 9, 2010, 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 twenty-one days. Neither party has 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 November 9, 2010, are adopted in full.

2. Plaintiff's claims against defendant Marshall are dismissed without prejudice.

DATED: January 27, 2011