Barron v. Martel et al

Filing 63

ORDER signed by Senior Judge William B. Shubb on 8/29/2014 ADOPTING IN FULL 57 Findings and Recommendations; DENYING 47 Motion for Summary Judgment; REFERRING this action back to the assigned Magistrate Judge for further pretrial proceedings. (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 RONNIE E. BARRON, 12 Plaintiff, 13 14 No. 2:10-cv-1567 WBS DAD P v. ORDER M. MARTEL, et al., 15 Defendants. 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 July 9, 2014, the magistrate judge filed findings and recommendations herein which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Defendants have filed 23 objections to the findings and recommendations. Plaintiff has also filed “Objections”. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 9, 2014 are adopted in full; 3 2. Defendants’ February 21, 2014 motion for summary judgment (Docket No. 47) is 4 5 denied; and 3. This action is referred back to the assigned Magistrate Judge for further pretrial 6 proceedings. 7 Dated: August 29, 2014 8 9 10 11 /barr1567.806 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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