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T. Terrel Bryan v. Defense Technology U.S.

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


August 16, 2011

T. TERREL BRYAN, PLAINTIFF,
v.
DEFENSE TECHNOLOGY U.S., ET AL., DEFENDANTS.

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 Rule 302.

On February 10, 2011, the magistrate judge filed findings and recommendations, 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 fourteen days. Plaintiff has filed objections to the findings and recommendations*fn1 and defendants have filed a response.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 304, the court has conducted a de novo review of this case. Having carefully reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed February 10, 2011, are adopted in full; and

2. The motion to dismiss under Federal Rule of Civil Procedure 12(b)(1), brought by defendants United States Attorney of Sacramento and United States of America and filed on August 27, 2010 (docket # 8), is granted, and these defendants are dismissed with prejudice.


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