Greene v. Tilton et al

Filing 67

ORDER signed by Judge John A. Mendez on 3/29/2012 ADOPTING 66 Findings and Recommendations in full. Plaintiff's 53 Motion for Summary Judgment is DENIED and Defendants' 55 Motion for Summary Judgment is DENIED. (Donati, J)

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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 RICHARD H. GREENE, 11 Plaintiff, 12 13 No. 2:09-cv-0793 JAM JFM (PC) vs. JAMES TILTON, 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 March 1, 2012, the magistrate judge filed findings and recommendations 20 herein which were served on the parties and which contained notice to the parties that any 21 objections to the findings and recommendations were to be filed within fourteen days. No 22 objections to the findings and recommendations have been filed. 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 1. The findings and recommendations filed March 1, 2012 are adopted in full; 2 2. Plaintiff’s motion for summary judgment is denied; and 3 3. Defendants’ motion for summary judgment is denied. 4 DATED: March 29, 2012 5 6 /s/ John A. Mendez 7 UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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