Allen v. Rivera et al

Filing 74

ORDER Adopting 73 FINDINGS AND RECOMMENDATIONS DENYING Defendants' 53 Motion for Summary Judgment signed by District Judge Anthony W. Ishii on 6/26/2013. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

CEDRIC R. ALLEN,

12

Plaintiff,

13

v.

14

Case No. 1:05-cv-00146-AWI-SAB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
DENYING DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT

J. RIVERA, et al.,
(ECF Nos, 53 & 73)

15

Defendants.

16
17

Plaintiff Cedric R. Allen is a state prisoner appearing pro se and in forma pauperis in this

18

civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

19

Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

Currently before the Court is Defendants’ motion for summary judgment. (ECF No. 53.)

21

On May 1, 2013, the Magistrate Judge issued a findings and recommendations recommending

22

denying Defendants’ motion for summary judgment. (ECF No. 73.) The parties did not file any

23

objections to the findings and recommendations.

24

Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this

25

case. Having carefully reviewed the entire file, the Court finds the findings and recommendations

26

to be supported by the record and by proper analysis.

27

///

28

///
1

1

Accordingly, it is HEREBY ORDDERED that:

2

1.

3

The Court adopts the findings and recommendations filed on May 1, 2013, in full;
and

4

2.

This matter is referred back to the Magistrate Judge to set this matter for trial.

5
6
7
8

IT IS SO ORDERED.
Dated: June 26, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:

9
10

0m8i788

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2