Opinion
No. CIV S-07-0837-WBS-CMK-P.
November 2, 2007
ORDER
Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules.
On August 17, 2007, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within 20 days. Timely objections to the findings and recommendations have been filed.
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. In his objections to the magistrate judge's findings and recommendations, plaintiff argues that he seeks damages for physical and emotional pain and suffering rather than loss of his property, but the complaint does not so allege. For the reasons stated by the magistrate judge, his claim is therefore non-cognizable under § 1983.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed August 17, 2007, are adopted in full;
2. This action is dismissed for failure to state a cognizable claim; and
3. Plaintiff is given 30 days from the date of this order to file an amended complaint consistent with this order.