Degner v Athanassious

Filing 24

ORDER signed by Judge John A. Mendez on 8/9/2011 ADOPTING 21 Findings and Recommendations in full. Dft's 17 Motion for Judgment on the pleadings as to Pltf's state law negligence claim is GRANTED. (Zignago, 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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DONALD DEGNER,

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Plaintiff,

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No. CIV S-10-1673 JAM EFB P

vs.
ATHANASSIOUS,

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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 Rule 302.

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On May 20, 2011, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within fourteen days. Neither party has filed

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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 May 20, 2011, are adopted in full; and

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2. Defendant’s March 29, 2011 motion for judgment on the pleadings as to

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plaintiff’s state law negligence claim is granted.

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DATED: August 9, 2011

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/s/ John A. Mendez

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UNITED STATES DISTRICT JUDGE

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