Kirk v. Richards

Filing 50

ORDER signed by Judge Garland E. Burrell, Jr on 9/30/2011 ORDERING that the 49 findings and recommendations filed September 19, 2011, are adopted in full. Defendant's 23 February 4, 2011 motion for summary judgment is DENIED without prejudice. (Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY W. KIRK,

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Plaintiff,

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No. CIV S-10-0373 GEB CKD P

vs.
T. RICHARDS,

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Defendant.

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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 General Order No. 262.

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On September 19, 2011, the magistrate judge filed findings and recommendations

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

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objections to the findings and recommendations were to be filed within seven days. Neither

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party has filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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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 September 19, 2011, are adopted in
full; and
2. Defendant’s February 4, 2011 motion for summary judgment (Dkt. No. 23) is

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denied without prejudice.

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Dated: September 30, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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