Perrotte v. Johnson et al

Filing 77

ORDER ADOPTING 70 FINDINGS AND RECOMMENDATIONS, Granting Defendant Hebron's 45 Motion for Summary Judgment, and Dismissing Defendant Hebron, without Prejudice signed by Chief Judge Lawrence J. O'Neill on 02/28/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY P. PERROTTE, 12 Plaintiff, 13 14 v. STACEY JOHNSON, et al., 15 Defendants. 16 Case No.: 1:15-cv-00026-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING DEFENDANT HEBRON’S MOTION FOR SUMMARY JUDGMENT, AND DISMISSING DEFENDANT HEBRON, WITHOUT PREJUDICE [ECF Nos. 45, 70] Plaintiff Jeffrey P. Perrotte is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. 19 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 20 636(b)(1)(B) and Local Rule 302. On January 18, 2017, the Magistrate Judge filed a Findings and 21 Recommendations recommending that Defendant Hebron’s motion for summary judgment be granted, 22 and Defendant Hebron be dismissed from the action, without prejudice. The Findings and 23 Recommendations were served on the parties and contained notice that objections were to be filed 24 within thirty days. Over thirty days have passed and no objections were filed. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 26 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 27 Recommendations to be supported by the record and by proper analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed January 18, 2017, are adopted in full; 3 2. Defendant Hebron’s motion for summary judgment is granted; and 4 3. Defendant Hebron is dismissed, without prejudice. 5 6 7 8 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ February 28, 2017 UNITED STATES CHIEF DISTRICT JUDGE 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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