OCHOA v. CAROL DeSIMONE INMATE RECORDS COORDINATOR

DAVID HURD, District Judge

Plaintiff, Kirk Ochoa, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 10, 2008, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that the defendants' motion for summary judgment (Dkt. No. 32) be granted; that plaintiff's retaliation claim be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); and that the plaintiff's complaint be dismissed. Objections to the Report-Recommendation have not been filed.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Treece, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).

Accordingly, it is

ORDERED that

1. Defendants' motion for summary judgment (Docket No. 32) is GRANTED;

2. Plaintiff's retaliation claim is DISMISSED; and

3. Plaintiff's complaint is DISMISSED.

The Clerk is directed to enter judgment accordingly and close the file.

IT IS SO ORDERED.