Sutherland v. Herrmann et al

Filing 104

ORDER ADOPTING 103 FINDINGS AND RECOMMENDATIONS signed by Senior Judge William B. Shubb on 2/26/13. 95 Motion for Summary Judgment is DENIED; the matter is referred back to the Magistrate Judge for further proceedings. (Manzer, C)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

WILLIAM YOUNG SUTHERLAND,

11

Plaintiff,

12
13

No. 2:09-cv-2391 WBS DAD P

vs.
S. HERRMANN, 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 February 5, 2013, the magistrate judge filed findings and recommendations

20

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

21

objections to the findings and recommendations were to be filed within fourteen days. Neither

22

party has filed objections to the findings and recommendations.

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 February 5, 2013, are adopted in full;

2

2. The April 25, 2012 motion for summary judgment filed on behalf of

3

defendants Spinks and Parmar (Doc. No. 95) is denied; and

4
5

3. The matter is referred back to the magistrate judge for further proceedings.
DATED: February 26, 2013

6
7
8
9
10
11
/suth2391.801sj

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2