Player v. Adams et al

Filing 63

ORDER signed by Judge Oliver W. Wanger on 7/22/2011 adopting 62 FINDINGS AND RECOMMENDATIONS and granting 53 , 55 Motion for Summary Judgment. Defendants Prulx, G. Rangel, Watson, Campbell and M. Miller are dismissed from this Action. Matter referred to Magistrate Judge for trial setting proceedings as to defendant, B. Johnson.(Lundstrom, T)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 LAVELLE TYRONE PLAYER, 9 10 11 CASE NO. 1:07-CV-01312-OWW-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (DOCS. 55 AND 62) v. WARDEN ADAMS, et al., 12 Defendants. 13 / 14 15 Plaintiff Lavelle Tyrone Player (“Plaintiff”) is a California state prisoner proceeding pro se 16 in this civil rights action pursuant to 42 U.S.C. § 1983. On October 20, 2010, Defendants filed a 17 motion for summary judgment. Doc. 55. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On June 15, 2011, the Magistrate Judge filed a Findings and Recommendations which was 20 served on the parties and which contained notice to the parties that any objection to the Findings and 21 Recommendations was to be filed within eighteen days. Doc. 62. Neither party filed a timely 22 Objection to the Findings and Recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 24 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 25 Recommendations to be supported by the record and by proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The Findings and Recommendations, filed June 15, 2011, is adopted in full; 28 2. Defendants’ motion for summary judgment, filed October 20, 2010, is GRANTED; 1 1 3. 2 3 Campbell, and Rangel, and against Plaintiff; 4. 4 5 6 Summary judgment is granted in favor of Defendants Watson, Prulx, Miller, Defendants Watson, Prulx, Miller, Campbell, and Rangel are dismissed from this action; and 5. The matter is referred to the magistrate judge for trial setting proceedings as to Defendant B. Johnson. 7 IT IS SO ORDERED. 8 Dated: July 22, 2011 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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