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Low v. Stanton

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 25, 2008

TONY RICHARD LOW, PLAINTIFF,
v.
GARY R. STANTON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

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 21, 2008, 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 fifteen days. Plaintiff has filed objections*fn1 to the findings and recommendations and defendants have filed a reply.

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 21, 2008, are adopted in full;

2. Defendant Driscoll's motion for summary judgment, filed on February 19, 2008 (Doc. No. 81), is granted;

3. Defendant Atkins' motion for summary judgment, filed on February 20, 2008 (Doc. No. 82), is granted;

4. Defendant Mallory's motion for summary judgment, filed on February 20, 2008 (Doc. No. 83), is granted;

5. Defendants Driscoll, Atkins and Mallory are dismissed from this action; and

6. Plaintiff's September 2, 2008 request for leave to amend his complaint (Doc. No. 148), is denied without prejudice.


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