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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DON L. JEFFERSON,

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Plaintiff,

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vs.

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No. 2:08-cv-1747 WBS EFB P

L. FLOHR, et al.,

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Defendants.

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ORDER
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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 Rule 302.

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On September 10, 2012, the magistrate judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within fourteen days. Neither

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party has 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 September 10, 2012, are adopted in
full;

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2. The September 28, 2010 order granting defendant Flohr’s motion for summary
judgment (Dckt. No. 42) is vacated;

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3. Defendant Flohr’s motion for summary judgment (Dckt. No. 26) is denied
without prejudice;

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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;

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5. Plaintiff must file and serve his opposition within thirty days thereafter; and

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6. Defendants may file a reply within fourteen days thereafter.
DATED: October 5, 2012

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