Swearington v. Wedell, et al

Filing 94

ORDER signed by Judge Garland E. Burrell, Jr. on 12/9/2010 ADOPTING 92 Findings and Recommendations in full. Dft Weiner's 61 Motion for Summary Judgment is GRANTED. Dft Weiner is DISMISSED from this action. (Zignago, K.)

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(PC) Swearington v. Wedell, et al Doc. 94 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 vs. DR. WEDELL, et al., Defendants. / 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 20, 2010, 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-one 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 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 proper analysis. 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DWAYNE SWEARINGTON, Plaintiff, No. CIV S-06-1407 GEB KJM P ORDER 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 20, 2010, are adopted in full; 2. Defendant Weiner's motion for summary judgment (docket no. 61) is granted; 3. Defendant Weiner is dismissed from this action. Dated: December 9, 2010 GARLAND E. BURRELL, JR. United States District Judge 2

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