Jefferson v. Flohr et al

Filing 70

ORDER signed by Judge William B. Shubb on 10/5/2012 ORDERING that the 69 findings and recommendations filed 9/10/2012, are ADOPTED in full. The 9/28/2010 42 order granting defendant Flohr's motion for summary judgment is VACATED. Defendan t Flohr's 26 motion for summary judgment is DENIED without prejudice. Within fourteen days of this order, defendants are allowed to file and serve a single motion for summary judgment that includes the notice to plaintiff required by Woods. Plaintiff must file and serve his opposition within thirty days thereafter. Defendants may file a reply within fourteen days thereafter. (Zignago, K.)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DON L. JEFFERSON, 11 Plaintiff, 12 vs. 13 No. 2:08-cv-1747 WBS EFB P L. FLOHR, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On September 10, 2012, the magistrate judge filed findings and recommendations 20 herein 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. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 1 2 1. The findings and recommendations filed September 10, 2012, are adopted in full; 3 4 2. The September 28, 2010 order granting defendant Flohr’s motion for summary judgment (Dckt. No. 42) is vacated; 5 6 3. Defendant Flohr’s motion for summary judgment (Dckt. No. 26) is denied without prejudice; 7 8 4. Within fourteen days of this order, defendants are allowed to file and serve a single motion for summary judgment that includes the notice to plaintiff required by Woods; 9 5. Plaintiff must file and serve his opposition within thirty days thereafter; and 10 11 6. Defendants may file a reply within fourteen days thereafter. DATED: October 5, 2012 12 13 14 15 16 17 / 18 19 20 21 22 23 24 25 26 2

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