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Andre T. Carr v. Matthew Cate

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


January 11, 2012

ANDRE T. CARR, PLAINTIFF,
v.
MATTHEW CATE, DEFENDANT.

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 action on a form civil rights complaint 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 December 12, 2011, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff filed objections to the findings and recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file including the objections, the Court finds the December 12, 2011, findings and recommendations supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed December 12, 2011 (ECF No. 12), are ADOPTED in full;

2. This action is DISMISSED without prejudice, see Heck v. Humphrey, 512 U.S. at 486-87; and

3. The Clerk of the Court is directed to close this case.

20120111

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