Guerrero v. McClure et al

Filing 112

ORDER signed by District Judge Troy L. Nunley on 9/11/13 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/1/13 100 are ADOPTED in full; and Defendants' 8/17/12 MOTION for Summary Judgment 83 is GRANTED and Summary Judgment is entered in favor of defendants Fecht, Ferguson and Fox. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES ANTHONY GUERRERO,

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Plaintiff,

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No. 2:10-cv-00318 TLN DAD P

v.

ORDER

S. McCLURE, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 1, 2013, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. After three extensions of

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time, plaintiff has filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 1, 2013 are adopted in full; and

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2. Defendants’ August 17, 2012 motion for summary judgment (ECF No. 83) is granted

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and summary judgment is entered in favor of defendants Fecht, Ferguson and Fox.

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Dated: September 11, 2013

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/guer0318.805

Troy L. Nunley
United States District Judge

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