Stoltie v. Geringson et al

Filing 76

ORDER signed by District Judge Kimberly J. Mueller on 7/11/2011 adopting 73 FINDINGS AND RECOMMENDATIONS in full; granting 66 Motion for Summary Judgment; CASE CLOSED. (Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN JOSEPH STOLTIE,
Plaintiff,

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No. CIV S-08-2584 KJM DAD P

vs.
JANETTA GERINGSON, et al.,
Defendants.

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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 2, 2011, the magistrate judge filed findings and recommendations, which

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were served on the parties and which contained notice to the parties that any objections to the

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findings and recommendations were to be filed within fourteen days. No objections to the

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findings and recommendations have been filed.

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The court presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983). Having carefully reviewed the file, the court finds the findings and recommendations to
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be supported by the record and by the proper analysis. Even considering the allegations in

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plaintiff’s verified complaint as an affidavit for the purposes of summary judgment, the

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conclusion reached by the findings and recommendations is legally and factually correct.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed May 2, 2011, are adopted in full;

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2. Defendant Ziga’s November 18, 2010 motion for summary judgment (Doc.

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No. 66) is granted; and
3. This action is closed.
DATED: July 11, 2011.

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UNITED STATES DISTRICT JUDGE

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/stol2584.801Ziga(2)

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