Hernandez v. Yates et al

Filing 67

ORDER ADOPTING 62 FINDINGS AND RECOMMENDATIONS, Denying 49 Motion for Summary Judgment signed by District Judge Lawrence J. O'Neill on 01/16/2016. (Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

TONY HERNANDEZ,

12

Plaintiff,

13

v.

14

A. MARTINEZ,

15

Defendant.

16

Case No.: 1:10-cv-01064-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DENYING PLAINTIFF’S
MOTION FOR SUMMARY JUDGMENT
[ECF Nos. 49, 62]

Plaintiff Tony Hernandez is appearing pro se and in forma pauperis in this civil rights action

17
18

)
)
)
)
)
)
)
)
)
)

pursuant to 42 U.S.C. § 1983.
On December 4, 2015, the Magistrate Judge issued a Findings and Recommendation

19
20

recommending denial of Plaintiff’s motion for summary judgment. (ECF No. 62.) The Findings and

21

Recommendation contained notice that objections were to be filed within thirty days. The thirty day

22

time frame has expired and no objections were filed.

23

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de

24

novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

25

Recommendation to be supported by the record and by proper analysis.

26

///

27

///

28

///
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

The Findings and Recommendations, filed on December 4, 2015, is adopted in full; and

3

2.

Plaintiff’s motion for summary judgment is DENIED.

4
5
6
7

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

January 16, 2016

UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2