Martinez v. Whitman et al

Filing 48

ORDER ADOPTING S 46 FINDINGS AND RECOMMENDATIONS, DENYING Plaintiff's Motion for Summary Judgment, signed by District Judge Lawrence J. O'Neill on 3/10/2010. (Sondheim, M)

1 2 3 4 5 6 7 8 9 10 11 BILL WITTMAN, et al., 12 Defendants. 13 14 15 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter 16 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 17 Rule 72-302. 18 On February 4, 2010, findings and recommendations were entered, recommending 19 denial of Plaintiff's motion for summary judgment. Plaintiff was provided an opportunity to file 20 objections within thirty days. On February 22, 2010, plaintiff filed objections to the findings 21 and recommendations. 22 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 23 73-305, this court has conducted a de novo review of this case. Having carefully reviewed the 24 entire file, the court finds the findings and recommendations to be supported by the record and 25 proper analysis. 26 1 vs. ORDER RE: FINDINGS & RECOMMENDATIONS (#46) JESS RICO MARTINEZ, Plaintiff, 1: 06 CV 01074 OWW WMW PC IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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IT IS SO ORDERED. Dated: b9ed48

Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on February 4, 2010, are adopted in full; and 2. Plaintiff's motion for summary judgment is denied.

March 10, 2010

/s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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