Walker v. CA Dept of Corrections & Rehabilitation, et al

Filing 92

AMENDED ORDER signed by Senior Judge William B. Shubb on 4/11/2018 VACATING 90 Order and 91 Judgment. The 86 Findings and Recommendations are ADOPTED in Full and Defendants' 60 Motion for Summary Judgment is GRANTED. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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K. JAMEL WALKER,

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No. 2: 09-cv-0569 WBS KJN P

Plaintiff,
v.

AMENDED ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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

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On February 26, 2018, the magistrate judge filed findings and recommendations herein

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

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findings and recommendations were to be filed within fourteen days. (ECF No. 86.) On March

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16, 2018, plaintiff was granted a ten days extension of time to file his objections. (ECF No. 88.)

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On March 30, 2018, the undersigned issued an order adopting the findings and

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recommendations and judgment was entered. (ECF Nos. 90, 91.) The March 30, 2018 order

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stated that plaintiff did not file objections. (ECF No. 90.) However, pursuant to the mailbox rule,

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plaintiff filed timely objections on March 23, 2018. (ECF No. 89.)
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Good cause appearing, the judgment is vacated and the undersigned considers plaintiff’s

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objections. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304,

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this court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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the court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The March 30, 2018 order and judgment (ECF Nos. 90, 91) are vacated;

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2. The findings and recommendations filed February 26, 2018 (ECF No. 86) are adopted

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in full; and
3. Defendants’ motion for summary judgment (ECF No. 60) is granted.
Dated: April 11, 2018

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Walk569.jo(2)

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