Guevara v. Ralls et al

Filing 118

ORDER adopting 100 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Frank C. Damrell, Jr on 8/18/11: The September 24, 2010 motion for summary judgment 85 is granted as to defendants Ramirez, Scruggs and McCarvel. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AMILCAR GUEVARA,
Plaintiff,

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vs.

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No. 2:09-cv-1132 FCD KJN P

A. RALLS, et al.,

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

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On May 4, 2011, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within twenty days. On July 25, 2011,

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plaintiff was granted twenty-one days from the date plaintiff received his legal materials in

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which to file objections. On August 11, 2011, defendants notified the court that plaintiff

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received his legal materials and appended a copy of plaintiff’s letter stating he received his legal

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materials on July 11, 2011. Thus, plaintiff’s objections were due on or before August 1, 2011.

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That date has passed, and neither 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 May 4, 2011, are adopted in full;

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2. The September 24, 2010 motion for summary judgment (dkt. no. 85) is granted

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as to defendants Ramirez, Scruggs and McCarvel.

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DATED: August 18, 2011.

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_______________________________________
FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE

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