Sisneroz v. Mayberg et al

Filing 39

ORDER ADOPTING FINDINGS And RECOMMENDATIONS 35 , ORDER Granting Defendants' Motion For Summary Judgment 13 , ORDER Directing Clerk To Close Case, signed by District Judge Lawrence J. O'Neill on 4/3/2009. CASE CLOSED.(Scrivner, E)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 _____________________________/ 16 17 18 19 20 21 22 23 24 25 26 27 28 D e fe n d a n ts filed a motion to dismiss this action on March 17, 2008, which was construed by the Court as a motion f o r summary judgment. (Docs. 13, 23.) 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRANK ENEPI SISNEROZ, Plaintiff, vs. STEVEN MAYBERG, et al., Defendants. 1:07-cv-01221-LJO-SMS-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 35.) ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Doc. 13.) ORDER DIRECTING CLERK TO CLOSE CASE Frank Enepi Sisneroz ("plaintiff") is a civil detainee proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 72-302. On February 4, 2009, findings and recommendations were entered, recommending that defendants' motion for summary judgment, filed on March 17, 2008, be granted, concluding this action.1 On April 4, 2009, plaintiff filed objections to the findings and recommendations. (Doc. 38.) In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73305, this court has conducted a de novo review of this case. Having carefully reviewed the entire 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 file, the court finds the findings and recommendations to be supported by the record and proper analysis. Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on February 4, 2009, are ADOPTED in full; 2. Defendants' motion for summary judgment, filed on March 17, 2008, is GRANTED, concluding this action; and 3. The Clerk of Court is DIRECTED to close this case. IT IS SO ORDERED. Dated: b9ed48 April 3, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 2

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