1:01-cv-05504 | E.D. Cal. | Sep 18, 2006

Case 1:01-cv-05504-AWI-DLB Document 64 Filed 09/18/06 Page 1 of 2

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

SCOTT PENNEBAKER, 1:01-cv-05504-AWI-DLB-P Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 63) vs. ORDER DISMISSING ACTION FRESNO COUNTY SHERIFF, et al., Defendants. / Plaintiff, Scott Pennebaker (“plaintiff”), a state prisoner proceeding pro se and in forma pauperis, 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 72-302.

On July 28, 2006, 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 eleven (11) days. To date, plaintiff has not filed objections to the Magistrate Judge’s Findings and Recommendations.

1 Case 1:01-cv-05504-AWI-DLB Document 64 Filed 09/18/06 Page 2 of 2 In accordance with the provisions of 28 U.S.C.

§ 636(b)(1)(C) and Local Rule 73-305, 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 July 28, 2006,
are ADOPTED IN FULL; and, 2. This action is DISMISSED based on plaintiff’s failure to obey the court’s order of May 12, 2006.

IT IS SO ORDERED.

Dated: September 16, 2006 0m8i78 /s/ Anthony W. Ishii UNITED STATES DISTRICT JUDGE

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