Exmundo v. Scribner et al

Filing 74

ORDER Adopting FINDINGS AND RECOMMENDATIONS And Denying Defendants' Motion For Summary Judgment (Document 72 ), signed by District Judge Anthony W. Ishii on 2/11/2013. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EMELITO EXMUNDO,

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Plaintiff,

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vs.
A. K. SCRIBNER, et al.,

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Defendants.

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1:06cv00205 AWI DLB PC
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS AND
DENYING DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT
(Document 72)

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Plaintiff Emelito Exmundo (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was

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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local

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Rule 302.
On December 17, 2012, the Magistrate Judge issue Findings and Recommendations to
deny Defendants’ Motion for Summary Judgment. The Findings and Recommendations were

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served on the parties and contained notice to the parties that any objections to the Findings and
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Recommendations were to be filed within thirty days. The parties have not filed objections to
the Findings and Recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted
a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the
Findings and Recommendations are supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:
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1.

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The Findings and Recommendations, filed December 17, 2012, are ADOPTED in
full; and

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2.

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Defendants’ Motion for Summary Judgment is DENIED (Document 64).

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IT IS SO ORDERED.
Dated: February 11, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:

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0m8i788

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