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Reynolds v. Schutt

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 31, 2010

FERDINAND REYNOLDS, PLAINTIFF,
v.
DEFENDANTS SCHUTT, LIU, AND HODGES-WILKINS K. GERSTEL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING (Doc. 24)

Plaintiff Ferdinand Reynolds ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 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 302.

On October 14, 2009, the Magistrate Judge filed a Findings and Recommendations herein which was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and Recommendations was to be filed within thirty days. Plaintiff did not file a timely Objection to the Findings and Recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1), 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 October 14, 2009, are adopted in full;

2. This action will proceed on Plaintiff's complaint, filed April 16, 2009, against Defendant Gerstel for a violation of the Eighth Amendment; and

3. Defendants Schutt, Liu, and Hodges-Wilkins are dismissed for Plaintiff's failure to state any claim against them.

IT IS SO ORDERED.

20100331

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