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Norwood v. Cate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 24, 2010

GREGORY LYNN NORWOOD, PLAINTIFF,
v.
MATTHEW CATE, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DISMISSING DEFENDANT MORENO FROM ACTION FOR FAILURE TO STATE A CLAIM

(Docs. 10, 11)

Plaintiff, Gregory Lynn Norwood, a state prisoner proceeding pro se and in forma pauperis, 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 72-302.

On February 18, 2010, the Magistrate Judge filed a Findings and Recommendations herein which was served on the parties and which contained notice to Plaintiff that any objections to the Report and Recommendation were to be filed within twenty days. Plaintiff has not filed any objections.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendation to be supported by the record and by proper analysis.

Accordingly, the Court HEREBY ORDERS:

1. The Findings and Recommendation, filed February 18, 2010, is adopted in full; and

2. Defendant Moreno is dismissed from this action with prejudice for Plaintiff's failure to state a cognizable claim upon which relief may be granted against him.

IT IS SO ORDERED.

20100324

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