Tafilele v. Harrington et al

Filing 60

ORDER ADOPTING 57 FINDINGS AND RECOMMENDATIONS and DENYING 44 Defendants' Motion for Summary Judgment signed by District Judge Lawrence J. O'Neill on 6/24/2013. (Jessen, A)

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1 2 3 4 5 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 ASOFA V. TAFILELE, 12 Plaintiff, 13 14 vs. HARRINGTON, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) ) 1:10cv01493 LJO DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Document 57) 16 17 Plaintiff Asofa V. Tafilele (“Plaintiff”), a state prisoner proceeding pro se and in forma 18 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 18, 2010. 19 Defendants filed a Motion for Summary Judgment on October 4, 2012, and the matter was 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 21 Rule 302. 22 On May 17, 2013, the Magistrate Judge issued Findings and Recommendations to deny 23 Defendants’ Motion for Summary Judgment. The Findings and Recommendations were served 24 25 on the parties and contained notice to the parties that any objections to the Findings and Recommendations were to be filed within thirty days. The parties have not filed objections. 26 27 28 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 2 a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the 3 Findings and Recommendations are supported by the record and by proper analysis. 4 5 Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendations, filed May 17, 2013, are ADOPTED in full; 2. Defendants’ Motion for Summary Judgment is DENIED (Document 44). 6 7 8 9 IT IS SO ORDERED. 10 Dated: /s/ Lawrence J. O’Neill June 24, 2013 11 UNITED STATES DISTRICT JUDGE DEAC_Signature-END: 12 b9ed48bb 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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