Cyprian v. Givens et al

Filing 72

ORDER signed by Judge John A. Mendez on 7/22/2011 adopting 64 FINDINGS AND RECOMMENDATIONS in full; GRANTING 33 Motion for Summary Judgment by defendant Newman. (Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CYPRIAN,

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Plaintiff,

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No. 2:09-cv-2704 JAM JFM (PC)

vs.

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DERRICK GIVENS, et al.,

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Defendants.

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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 June 8, 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 fourteen days. Plaintiff has filed

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objections to the findings and recommendations and defendant Newman has filed a response to

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the objections.

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

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

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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 8, 2011, are adopted in full; and

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2. Defendant Newman’s December 7, 2010 motion for summary judgment is

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granted.

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DATED: July 22, 2011
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/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE

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