Franklin v. Bush

Filing 76

ORDER ADOPTING 71 FINDINGS and RECOMMENDATIONS, in full, signed by Judge John A. Mendez on 4/28/2010. Defendants' 51 Motion for Summary Judgment is DENIED. (Marciel, M)

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. BUTLER, 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 February 10, 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. Neither party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that: ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ROBERT FRANKLIN, Plaintiff, No. CIV S-07-0656 JAM KJM P

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 full; and

1. The findings and recommendations filed February 10, 2010, are adopted in

2. Defendants' motion for summary judgment (docket no. 51) is denied. DATED: April 28, 2010

/s/ John A. Mendez UNITED STATES DISTRICT JUDGE

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