Avery v. Heintschel

Full title: KYLE W. AVERY, Plaintiff, v. LT. C. HEINTSCHEL, et al., Defendants

Court: United States District Court, E.D. California

Date published: Mar 21, 2008

No. CIV S-06-0041 LKK GGH P (E.D. Cal. Mar. 21, 2008)

Opinion

No. CIV S-06-0041 LKK GGH P.

March 21, 2008

ORDER

LAWRENCE KARLTON, Senior District Judge

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 General Order No. 262.

On February 4, 2008, the magistrate judge filed findings and recommendations herein 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 twenty days. Plaintiff has filed a non-opposition to the findings and recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, 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 February 4, 2008, are adopted in full; and

2. Defendants' March 9, 2007, motion to dismiss as to defendants Heintschel and Stewart is granted.