Luna v. Moon, et al.
Filing
105
ORDER GRANTING 79 MOTION FOR SUMMARY JUDGMENT; ORDER ADOPTING 95 FINDINGS and RECOMMENDATIONS; ORDERED that Judgment be entered In Favor of Defendants: Moon, Ulit and Wang and Against Plaintiff Luna; ORDER DIRECTING Clerk of the Court to assign this action to a District Judge for the purpose of Closing, signed by District Judge Dale A. Drozd on 10/23/2020. CASE CLOSED(Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EDWARD LUNA,
Plaintiff,
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No. 1:16-cv-00313-NONE-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT
v.
DR. MOON, et al.,
(Doc. Nos. 79–84, 88–89, 90–92, 95)
Defendants.
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Edward Luna (“plaintiff”), a state prisoner, is appearing pro se and in forma pauperis in
18 this civil rights action pursuant to 42 U.S.C. § 1983. On November 25, 2019, defendants Moon,
19 Ulit, and Wang filed a motion for summary judgment which was referred to a United States
20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On April 17, 2020, the assigned magistrate judge issued findings and recommendations,
22 recommending that defendants’ motion for summary judgment be granted. (Doc. No. 95.) The
23 findings and recommendations were served on the parties and contained notice that any
24 objections were to be filed within thirty days from the date of service. (Id.) Plaintiff was granted
25 multiple extensions of time to file objections. (Doc. Nos. 97, 99.) On August 3, 2020, plaintiff
26 was granted one final extension of time which ordered that his objections be filed within thirty
27 days of that order. (Doc. No. 104.) That period for filing objections has now passed and no
28 objections have been filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a
2 de novo review of this case. Having carefully reviewed the entire file, the court finds the
3 findings and recommendations to be supported by the record and by proper analysis.
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Accordingly,
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adopted in full;
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The Clerk of the Court is directed to assign this action to a district judge for the
purpose of closing the action; and
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Judgment is entered in favor of defendants Moon, Ulit, and Wang and against
plaintiff Luna;
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Defendants’ motion for summary judgment (Doc. No. 79) is granted in its
entirety;
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The findings and recommendations, filed April 17, 2020, (Doc. No. 95), are
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The Clerk of the Court is directed to close this action.
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Dated:
October 23, 2020
UNITED STATES DISTRICT JUDGE
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