Turner v. Salinas

Filing 84

ORDER ADOPTING 80 FINDINGS AND RECOMMENDATIONS in full signed by Judge Morrison C. England, Jr. on 12/16/11 and ORDERING that plaintiff's 69 , 70 Motions for Summary Judgment are DENIED and defendants' 71 Motion for Summary Judgment is GRANTED as to defendant Hall and DENIED as to defendant Colon. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER,

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Plaintiff,
vs.
WARDEN SALINAS, et al.,
Defendants.

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No. 2:10-cv-1848 MCE KJN P

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 October 14, 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 twenty-one days.

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Defendants have filed objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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

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entire file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 14, 2011 are adopted in full;

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2. Plaintiff’s motions for summary judgment (Dkt. Nos. 69, 70) is denied; and

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3. Defendants’ summary judgment motion (Dkt. No. 71) is granted as to

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defendant Hall and denied as to defendant Colon.
Dated: December 16, 2011

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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/turn1848.806

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