Aubert v. Elijah et al

Filing 79

ORDER Adopting FINDINGS AND RECOMMENDATIONS (ECF No. 76 ), signed by District Judge Lawrence J. O'Neill on 3/26/2013. This action is referred to the Magistrate Judge for further pretrial proceedings as to Defendants Elijah and Garcia.(Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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ESS’N AUBERT,

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Plaintiff,
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v.
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KEVIN ELIJAH, et al.,
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Defendants.
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____________________________________)

NO. 1:07 cv 001629 AWI GSA PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 76 )

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Plaintiff is a state prisoner proceeding pro se in this civil rights action. 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 Rule
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302.
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On March 1, 2013, findings and recommendations were entered, recommending that
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Defendant Garcia’s motion for summary judgment be denied. The parties were provided twenty
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days in which to file objections. To date, no objections to the findings and recommendations
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have been filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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court finds the findings and recommendations to be supported by the record and proper analysis.
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Accordingly, THE COURT HEREBY ORDERS that:
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1. The Findings and Recommendations issued by the Magistrate Judge on March 1,
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2013, are adopted in full.

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2. Defendant Garcia’s motion for summary judgment is denied.

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3. This action is referred to the Magistrate Judge for further pretrial proceedings as to

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Defendants Elijah and Garcia.

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IT IS SO ORDERED.

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Dated:

March 26, 2013

/s/ Lawrence J. O'Neill
B9ed48
UNITED STATES DISTRICT JUDGE

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