IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 11, 2012
The opinion of the court was delivered by: John A. Mendez United States District Court Judge
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules.
On June 28, 2012, the Magistrate Judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within a specified time. No objections to the findings and recommendations have been filed.*fn1
The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the Magistrate Judge's analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed June 28, 2012, are adopted in full;
2. Defendant's motion to dismiss (Doc. 23) is granted;
3. Plaintiff's due process and emotional distress claims are dismissed with prejudice; and
4. This action shall proceed on plaintiff's Eighth Amendment claim only.