Avent v. Cate et al

Filing 28

ORDER signed by Judge John A. Mendez on 8/15/11 ORDERING 27 Findings and Recommendations are adopted in full; 21 Motion for Summary Judgment by defendant Lesane is denied. (Matson, R)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

RUFUS A. AVENT,

11

Plaintiff,

12
13

No. CIV S-09-3482 JAM DAD P

vs.
M. CATE 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 June 17, 2011, 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 twenty-one 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 June 17, 2011, are adopted in full;

2

2. Defendant Lesane’s motion for summary judgment (Doc. No. 21) is denied

3

DATED: August 15, 2011

4
5

/s/ John A. Mendez

6

UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2