McNeal v. Evert, et al
ORDER signed by Judge Garland E. Burrell, Jr. on 7/5/2013 FINDINGS and RECOMMENDATIONS 145 are ADOPTED in FULL; Motion 141 for Summary Judgment is GRANTED as to defendants J. Ginder, G McCoy, Hooven, Chenoweth, Ervin, Chatham, and C. Barton; and DENIED as to defendants Ervin and Chatham. (Reader, L)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
VERNON WAYNE McNEAL,
No. 2:05-cv-0441 GEB EFB P
EVERT, et al.,
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action
seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 18, 2013, the magistrate judge filed findings and recommendations
herein which were served on all parties and which contained notice to all parties that any
objections to the findings and recommendations were to be filed within fourteen days. Neither
party filed objections to the findings and recommendations. The undersigned adopted those
findings and recommendations by order filed February 21, 2013. Dckt. No. 146.
Thereafter, plaintiff demonstrated that he could not have timely objected to the
findings and recommendations despite his diligence. Therefore, on April 4, 2013, the
undersigned vacated the February 21, 2013 order and allowed plaintiff 14 days to file objections.
After an extension of time, plaintiff filed objections to the findings and recommendations on
June 3, 2013.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
304, this court has conducted a de novo review of this case. Having carefully reviewed the entire
file, the court finds the findings and recommendations to be supported by the record and by
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed January 18, 2013 are adopted in full;
2. The August 2, 2012 motion for summary judgment (Dckt. No. 141) filed by
defendants Ginder, McCoy, Hooven, Chenoweth, Ervin, Chatham, and Barton is granted as to
defendants Ginder, McCoy, Hooven, Chenoweth, and Barton and denied as to defendants Ervin
Dated: July 5, 2013
GARLAND E. BURRELL, JR.
Senior United States District Judge
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