Yellen v. Olivarez, et al

Filing 298

ORDER ADOPTING 297 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 9/17/12 and GRANTING defendants' 282 , 283 and 284 Motions for Summary Judgment. CASE CLOSED. (Manzer, C)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKE YELLEN, 11 Plaintiff, 12 13 No. 2:94-cv-1298 GEB DAD P vs. ANA M. OLIVAREZ, et al., 14 Defendants. 15 ORDER / 16 Plaintiff is a former state prisoner proceeding pro se with a civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On August 28, 2012, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within fourteen days. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 1 1. The findings and recommendations filed August 28, 2012, are adopted in full; 2 2. The February 29, 2012 motion for summary judgment filed on behalf of the 3 4 5 6 San Joaquin County Public Health defendants (Doc. No. 282) is granted; 3. Defendant Spano’s February 29, 2012 motion for summary judgment (Doc. No. 283) is granted; and 4. The Corrections defendants’ February 29, 2012 motion for summary judgment 7 (Doc. No. 284) is granted. 8 Dated: September 17, 2012 9 10 11 GARLAND E. BURRELL, JR. Senior United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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