Mayweathers v. Swarthout et al

Filing 38

ORDER adopting in full 36 FINDINGS AND RECOMMENDATIONS signed by Judge Lawrence K. Karlton on 8/26/11; and defendants' 30 motion for summary judgment is DENIED. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KARLUK M. MAYWEATHERS,

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Plaintiff,
vs.
GARY SWARTHOUT, et al.,
Defendants.

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No. 2:09-cv-3284-LKK-KJN-P

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 July 14, 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-one days. On July 19, 2011,

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plaintiff was re-served with the findings and recommendations at a new address he listed on a

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notice of change of address filed July 15, 2011. Neither party has filed objections to the findings

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and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be
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 July 14, 2011, are adopted in full; and

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2. Defendants’ motion for summary judgment (Dkt. No. 30) is denied.

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DATED: August 26, 2011.

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