Stephenson v. Martel et al

Filing 78

ORDER signed by Magistrate Judge Allison Claire on 6/18/2013 VACATING the 4/11/13 order to show cause; Judgment is entered for defendants pursuant to Fed.R.Civ.P. 56(f); and this case is CLOSED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT E. STEPHENSON,
Plaintiff,

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vs.

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No. 2:10-cv-0238 AC P

M. MARTEL, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding in pro per and seeking relief pursuant to 42

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U.S.C. § 1983.1 On April 11, 2013, following review of the parties’ pretrial statements, the

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undersigned issued an order to show cause why summary judgment should not be entered for

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defendants in light of plaintiff’s failure to meet his burden of proof on his Eighth Amendment

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claim. ECF No. 77. Plaintiff has not responded to the court order.

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This action is proceeding before the undersigned pursuant to the parties’ consent. ECF
Nos. 5, 58.
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Accordingly, for the reasons set forth in the court’s April 11, 2013 order and after
giving plaintiff notice and a reasonable time to respond, IT IS HEREBY ORDERED that:

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1. The April 11, 2013 order to show cause is vacated;

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2. Judgment is entered for defendants pursuant to Federal Rule of Civil

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Procedure 56(f); and

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3. This case is closed.
DATED: June 18, 2013

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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