Hightower v. High Desert State Prison et al

Filing 162

ORDER adopting 154 FINDINGS AND RECOMMENDATIONS IN FULL signed by Chief Judge Morrison C. England, Jr on 3/3/14: Plaintiff's September 23, 2013 motion for summary judgment 146 is DENIED. (Kaminski, H)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 CURTIS HIGHTOWER, 11 Plaintiff, 12 13 No. 2:08-cv-228-MCE-EFB P v. ORDER HIGH DESERT STATE PRISON, et al., 14 Defendants. 15 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 18 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 9, 2014, the magistrate judge filed findings and recommendations herein, ECF 19 20 No. 154, which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within fourteen days. Plaintiff 22 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 23 24 court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 27 ///// 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 9, 2014, ECF No. 154, are 3 4 5 6 7 ADOPTED IN FULL; and 2. Plaintiff’s September 23, 2013 motion for summary judgment, ECF No. 146, is DENIED. IT IS SO ORDERED. Dated: March 3, 2014 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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