Wiley v. Pliler

Full title: JAMES RAY WILEY, Plaintiff, v. CHERYL PLILER, et al., Defendants

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

Date published: Sep 17, 2007

No. CIV S-04-1922 MCE KJM P (E.D. Cal. Sep. 17, 2007)

Opinion

No. CIV S-04-1922 MCE KJM P.

September 17, 2007

ORDER

MORRISON ENGLAND JR., 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 August 15, 2007, 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 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 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.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed August 15, 2007, are adopted in full;

2. Claims one and three of plaintiff's complaint is dismissed for failure to state a claim;

3. Defendants' motion for summary judgment is granted as to plaintiff's Eighth Amendment and negligence claims;

4. Plaintiff's motion for summary judgment is denied; and

5. The case is closed and judgment entered.