Johnson v. Rodriguez

Filing 34

ORDER Adopting 33 Findings and Recommendation, Denying Defendant Rodriguez's 22 Motion for Summary Judgment, and Referring Matter Back to Magistrate Judge for Futher Proceedings, signed by District Judge Anthony W. Ishii on 02/09/15. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEONARD JOHNSON, 12 Plaintiff, 13 14 v. HUMBERTO RODRIGUEZ, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:12-cv-00820-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, DENYING DEFENDANT RODRIGUEZ’S MOTION FOR SUMMARY JUDGMENT, AND REFERRING MATTER BACK TO MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS [ECF No. 33] 17 Plaintiff Leonard Johnson is proceeding in this civil rights action pursuant to 42 U.S.C. § 1983. 18 On December 22, 2014, the Magistrate Judge filed a Findings and Recommendation which was 19 served on the parties and which contained notice to the parties that Objections to the Findings and 20 Recommendation were to be filed within thirty days. No Objections were filed. 21 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 22 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 23 Recommendations to be supported by the record and by proper analysis. 24 /// 25 /// 26 /// 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation, filed on December 22, 2014, is adopted in full; and 3 2. Defendant Rodriguez’s motion for summary judgment is DENIED. 4 5 IT IS SO ORDERED. 6 Dated: February 9, 2015 7 SENIOR DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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