Jones

ORDER: (1) ADOPTING IN PART MAGISTRATE JUDGE McCU-RINE’S REPORT AND RECOMMENDATION; (2) GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; AND (3) DISMISSING PLAINTIFF’S COMPLAINT

On December 5, 2003, Plaintiff Melvin Andrew Jones, a state prisoner currently incarcerated at Calipatria State Prison (“Calipatria”) in Calipatria, California, proceeding pro se and in forma pauperis, filed a Complaint pursuant to the Civil Rights Act, 42 U.S.C. § 1983 (“Section 1983”). [Doc. No. 1.] Plaintiff alleges that while incarcerated at Calipatria, Defendants Sylvia Garcia, Warden, and Captain W.J. Price denied him outdoor exercise from December 27, 2001, through October 7, 2002, in violation of the Eighth Amendment to the U.S. Constitution. (See Compl. at 3.) Presently before the Court is the Report and Recommendation (“R & R”) of Magistrate Judge William McCu-rine, Jr., issued on May 27, 2005, recommending that the Court grant Defendants’ Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. [Doc. No. 30.] To date, no objections have been filed. For the reasons set forth below, the Court ADOPTS IN PART the R & R and GRANTS Defendants’ Motion for Summary…