King v. California Department of Corrections et al

Filing 113

ORDER signed by Senior Judge Lawrence K. Karlton on 12/23/09 ORDERING the findings and recommendations 111 are ADOPTED IN FULL and dfts' motion for certification 106 is GRANTED and the court's order of 7/31/09 is CERTIFIED for interlocutory appeal.. (Carlos, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 / 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 General Order No. 262. On October 26, 2009, 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 twenty days. Plaintiff has filed objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72304, 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 proper analysis. 1 ORDER vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., KEVIN KING, Plaintiff, No. CIV S-06-0065 LKK GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and

Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed October 26, 2009, are adopted in full;

2. Defendants' August 31, 2009 motion for certification (Docket No. 106) is granted and the court's July 31, 2009, order is certified for interlocutory appeal pursuant to § 28 U.S.C. 1292(b). DATED: December 23, 2009.

2