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Beard v. Baca

February 17, 2009

ROBERT BEARD, PLAINTIFF,
v.
LEE BACA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: George H. WU United States District Judge

ORDER ACCEPTING AND ADOPTING FIRST INTERIM REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has read and considered the Complaint, the United States Magistrate Judge's First Interim Report and Recommendation, all of the records and files herein. Plaintiff has not filed any objections.

IT IS ORDERED that (1) the Court accepts the Report and adopts its findings and recommendations; (2) the Motion of defendant Lee Baca to dismiss the action (a) as stale and (b) for failing to state a cognizable claim is GRANTED IN PART; and (3) Lee Baca is dismissed from the action with prejudice.

20090217

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