Melvin R. Brummett, Jr. v. J. Rivero

Filing 37

ORDER ADOPTING FINDINGS AND RECOMMENDATION, and DENYING Plaintiff's Motion for Summary Judgment 32 , 36 , signed by Chief Judge Lawrence J. O'Neill on 5/8/2018. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN RAY BRUMMETT, JR., 12 Plaintiff, 13 14 v. J. RIVERO, 15 Defendant. 16 Case No.: 1:17-cv-00639-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [ECF Nos. 32, 36] Plaintiff Melvin Ray Brummett, Jr. is appearing pro se and in forma pauperis in this civil rights 17 18 ) ) ) ) ) ) ) ) ) ) action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 19 20 636(b)(1)(B) and Local Rule 302. On April 2, 2018, the Magistrate Judge filed a Findings and 21 Recommendation recommending that Plaintiff’s motion for summary judgment be denied. The 22 Findings and Recommendation was served on the parties and contained notice that objections were to 23 be filed within thirty days. No objections were filed and the time period to do has expired 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 25 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 26 Recommendation to be supported by the record and by proper analysis. 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation, filed on April 2, 2018, 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 _____ May 8, 2018 UNITED STATES CHIEF 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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