Davis v. Woodford et al

Filing 107

ORDER signed by Judge John A. Mendez on 10/23/2013. The 98 Order Adopting Findings and Recommendations which grants defendants' 82 Motion for Summary Judgment in part is CONFIRMED. Clerk shall TERMINATE plaintiff's 104 Motion for Reconsideration. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES T. DAVIS,

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No. 2:05-cv-1898-JAM-EFB P

Plaintiff,
v.

ORDER

D.L. RUNNELS, et al.,
Defendants.

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

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under 42 U.S.C. § 1983. On July 29, 2013, the magistrate judge filed findings and

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recommendations, which were served on all parties and which contained notice to all parties that

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any objections to the findings and recommendations were to be filed within fourteen days.

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Neither party filed objections.

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On September 5, 2013, the undersigned adopted the findings and recommendations. ECF

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No. 98. Thereafter, plaintiff filed untimely objections to the findings and recommendations. ECF

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No. 102. He now requests reconsideration of the undersigned’s September 5, 2013 order in light

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of his belated objections. ECF No. 104.

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In an abundance of caution, the court will grant plaintiff’s request to consider his

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objections. Accordingly, the September 5, 2013 order adopting the findings and

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recommendations is hereby reconsidered in light of the plaintiff’s recently submitted objections.
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However, nothing presented in plaintiff’s objections warrants vacating that order.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case, including plaintiff’s objections to the findings

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and recommendations of the magistrate judge. Having carefully reviewed the entire file, the court

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again finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that the Order entered on September 5,

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2013 (ECF No. 98) adopting in full the findings and recommendations and granting defendants’

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motion for summary judgment in part is CONFIRMED. The Clerk of the Court shall terminate

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plaintiff’s motion for reconsideration (ECF No. 104).

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DATED: October 23, 2013

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/s/ John A. Mendez_______________________
UNITED STATES DISTRICT COURT JUDGE

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