McDowell v. Bishop, et al

Filing 129

ORDER signed by Judge Morrison C. England, Jr on 4/8/11 ORDERING the findings and recommendations 118 ADOPTED IN FULL; the findings and recommendations 124 are ADOPTED IN FULL; dft Ginder's motion for summary judgment 97 is GRANTED IN PART AND DENIED IN PART; pltf's request for temporary injunction 115 is DENIED. (Carlos, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY MCDOWELL,

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Plaintiff,

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vs.

ORDER

J. L. BISHOP, et al.,
Defendants.

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No. 2:06-cv-02145-MCE-GGH (TEMP) P

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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 General Order No. 262.

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On February 9 and March 4, 2011, the magistrate judge filed findings and

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recommendations herein which were served on all parties and which contained notice to all

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parties that any objections to the findings and recommendations were to be filed within fourteen

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days. Plaintiff and Defendant Ginder have 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 February 9, 2011 (ECF No. 118) are
adopted in full;
2. The findings and recommendations filed March 4, 2011 (ECF No. 124) are
adopted in full;
2. Defendant Ginder’s Motion for Summary Judgment (ECF No. 97) is granted in
part and denied without prejudice in part; and
3. Plaintiff’s December 27, 2010 “request for temporary injunction” (ECF No.

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115) is denied without prejudice as to the refiling of a motion concerning denial of the

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Constitutional right of access to courts with respect to this case - to the extent plaintiff has a

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reasonable legal and factual basis for filing such a motion.
IT IS SO ORDERED.
Dated: April 8, 2011

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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