Thompson v. Mauck, et al

Filing 51

ORDER ADOPTING 47 FINDINGS AND RECOMMENDATIONS in full signed by Judge John A. Mendez on 10/10/12 and ORDERING that defendant Thompson's 35 Motion for Summary Judgment is GRANTED; Clerk to enter Judgment in favor of defendant Thompson only; plaintiff and defendant Mauck shall file status reports, within 30 days, indicating whether this case is ready to be set for trial. (Benson, A.)

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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 11 DeWAYNE THOMPSON, 12 No. CIV S-09-3478-JAM-CMK-P Plaintiff, ORDER 13 14 vs. CHRIS MAUCK, et al., 15 Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. 20 On September 5, 2012, the Magistrate Judge filed amended findings and 21 recommendations herein which were served on the parties and which contained notice that the 22 parties may file objections within a specified time. No objections to the findings and 23 recommendations have been filed. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the Magistrate Judge's analysis. 26 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 adopted in full; 4 5 6 7 8 9 10 The amended findings and recommendations filed September 5, 2012, are 2. Defendant Thompson’s motion for summary judgment (Doc. 35) is 3. The Clerk of the Court is directed to enter judgment in favor of defendant granted; Thompson only; and 4. Plaintiff and defendant Mauck shall file status reports, within 30 days of the date of this order, indicating whether this case is ready to be set for trial. DATED: October 10, 2012 11 12 /s/ John A. Mendez UNITED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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