Heilman v. Vokufka et al

Filing 93

ORDER ADOPTING 88 FINDINGS AND RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 3/21/12 ORDERING that the 79 Motion to Strike the 77 Motion for Summary Judgment is GRANTED; pltf's renewed 81 Request is DENIED. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS JOHN HEILMAN,
Plaintiff,

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No. CIV S-08-2788 KJM EFB P

vs.

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MICHAEL VOJKUFKA,

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Defendant.

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.
On September 20, 2011, the magistrate judge filed findings and

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recommendations, which were served on all parties and which contained notice to all parties that

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any objections to the findings and recommendations were to be filed within fourteen days.

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Neither party has filed objections to the findings and recommendations.
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.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed September 20, 2011, are adopted in

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full;
2. Defendant’s March 29, 2011 motion to strike (Docket No. 79) is granted, and

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plaintiff’s March 8, 2011 motion for summary judgment/judgment on the pleadings (Docket No.

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77) is stricken; and

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3. Plaintiff’s renewed request that the court determine that defendant and defense

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counsel have acted in bad faith (Docket No. 81) is denied.

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DATED: March 21, 2012.

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UNITED STATES DISTRICT JUDGE

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