(PC) Manriquez v. Huchins et al

Filing 270

ORDER Adopting #247 Findings and Recommendations Recommending Denying Plaintiff's #191 Motion for Summary Judgment, signed by District Judge Lawrence J. O'Neill on 3/1/13. (Verduzco, M)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DANIEL MANRIQUEZ, 10 CASE NO. 1:09-cv-00456-LJO-BAM PC Plaintiff, 11 v. 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT HUCHINS, et al., (ECF Nos. 191, 194, 229, 247) 13 Defendants. / 14 15 Plaintiff Daniel Manriquez (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 17 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On November 19, 2012, the Magistrate Judge issued Findings and Recommendations, which 19 recommended that (1) Plaintiff’s request for judicial notice be denied (ECF No. 194); (2) Plaintiff’s 20 request to supplement his motion for summary judgment be granted (ECF No. 229); and (3) 21 Plaintiff’s motion for summary judgment be denied (ECF No. 191). The Court has considered 22 Plaintiff’s extensive objections to the Findings and Recommendation filed on December 26, 2012. 23 (ECF No. 254.) 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 25 de novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s 26 objections, the Court finds the Findings and Recommendations to be supported by the record and 27 by proper analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 The Findings and Recommendations, issued on November 19, 2012, are adopted in full; 4 2. Plaintiff’s request for judicial notice is DENIED; 5 3. Plaintiff’s request to supplement his motion for summary judgment is GRANTED; 6 and 7 4. 8 IT IS SO ORDERED. 9 Dated: Plaintiff’s motion for summary judgment is DENIED. March 1, 2013 /s/ Lawrence J. O'Neill B9ed48 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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