Gil v. Yates et al

Filing 44

ORDER ADOPTING 41 FINDINGS AND RECOMMENDATIONS In Full; ORDER DENYING AS MOOT 33 Motion for access to the law library, signed by Chief Judge Anthony W. Ishii on 03/14/2011. (Martin, S)

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(PC) Gil v. Yates et al Doc. 44 1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Francisco Gil ("Plaintiff") is a former California state prisoner. Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff's second amended complaint against Defendant Amadi. On April 9, 2010, Plaintiff filed a motion for access to the law library. Doc. 33. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 6, 2011, the Magistrate Judge filed a Findings and Recommendations which was served on Plaintiff and which contained notice to Plaintiff that any objection to the Findings and Recommendations was to be filed within twenty-one days. Plaintiff did not file a timely Objection to the Findings and Recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com UNITED STATES DISTRICT COURT FRANCISCO GIL, Plaintiff, v. JAMES A. YATES, et al., CASE NO. 1:09-CV-00552-AWI-DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DENYING PLAINTIFF'S MOTION FOR ACCESS TO LAW LIBRARY AS MOOT (Documents #33 & #41) Defendants. / 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 Accordingly, IT IS HEREBY ORDERED that: 1. 2. The Findings and Recommendations, filed January 6, 2011, is adopted in full; and Plaintiff's motion for access to the law library, filed April 9, 2010, is denied as moot. IT IS SO ORDERED. Dated: 0m8i78 March 14, 2011 CHIEF UNITED STATES DISTRICT JUDGE 2

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