(JFM) (PC) Frazier v. Koford

2:04-cv-00115 | E.D. Cal. | Sep 11, 2006

Case 2:04-cv-00115-MCE-PAN Document 75 Filed 09/11/06 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RODNEI FRAZIER, No. 2:04-cv-0115-MCE-PAN-P Plaintiff, v. ORDER DR. JOHN KOFOED, [1] Defendant. / 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. /// /// ///

Case 2:04-cv-00115-MCE-PAN Document 75 Filed 09/11/06 Page 2 of 2 On August 17, 2006, 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. Neither party has filed objections to the findings and recommendations.
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 August 17, 2006 are adopted in full; 2. Defendant Kofoed’s December 21, 2005 motion for summary judgment is granted; 3. The court declines to exercise supplemental jurisdiction over plaintiff’s state law negligence claims; and 4. Plaintiff’s March 8, 2006 motion for summary judgment is denied. DATED: September 8, 2006

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MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

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NOTES

[1] Defendant Dr. Oh was dismissed from this action by order 26 filed May 19, 2006. 1