McNeal v. Evert, et al

Filing 146

ORDER signed by Judge Garland E. Burrell, Jr. on 2/21/2013 ADOPTING 145 Findings and Recommendations in full; GRANTING 141 Motion for Summary Judgment as to Defendants Ginder, McCoy, Hooven, Chenoweth and Barton; DENYING 141 Motion for Summary Judgment as to Defendants Ervin and Chatham. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VERNON WAYNE McNEAL,

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Plaintiff,

Defendants.

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No. 2:05-cv-0441 GEB EFB P

ORDER

vs.
EVERT, et al.,

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 18, 2013, the magistrate judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within fourteen days. Neither

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party has filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed January 18, 2013, are adopted in full;
and

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2. The August 2, 2012 motion for summary judgment (Dckt. No. 141) filed by

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defendants Ginder, McCoy, Hooven, Chenoweth, Ervin, Chatham, and Barton is granted as to

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defendants Ginder, McCoy, Hooven, Chenoweth, and Barton and denied as to defendants Ervin

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and Chatham.

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Dated: February 21, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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