Dixon v. LaRosa, et al

Filing 141

ORDER signed by District Judge Troy L. Nunley on 3/27/2015 ADOPTING IN FULL 120 Findings and Recommendations; GRANING 108 Motion for Summary Judgment. CASE CLOSED. (Michel, G.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL STEVEN DIXON, 12 Plaintiff, 13 14 No. 2:10-cv-1441 TLN KJN P v. ORDER S. LaROSA, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 19, 2014, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. The findings and 23 recommendations were adopted in full on March 31, 2014, and judgment was entered. Plaintiff sought reconsideration, and by order filed January 29, 2015, the action was 24 25 reopened for the limited purpose of allowing plaintiff to file objections to the findings and 26 recommendations. After receiving an extension of time, Plaintiff filed objections to the findings 27 and recommendations on February 27, 2015. On March 13, 2015, Defendant filed a reply. 28 //// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 Court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed February 19, 2014, are adopted in full; 7 2. Defendant’s Motion for Summary Judgment (ECF No. 108) is granted; and 8 3. The Clerk of the Court is directed to close this case. 9 10 IT IS SO ORDERED. 11 Dated: March 27, 2015 12 13 14 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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