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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY R. TURNER, 11 12 13 14 Plaintiff, vs. WARDEN SALINAS, et al., Defendants. 15 16 No. 2:10-cv-1848 MCE KJN P ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On October 14, 2011, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty-one days. 22 Defendants have filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 14, 2011 are adopted in full; 3 2. Plaintiff’s motions for summary judgment (Dkt. Nos. 69, 70) is denied; and 4 3. Defendants’ summary judgment motion (Dkt. No. 71) is granted as to 5 6 defendant Hall and denied as to defendant Colon. Dated: December 16, 2011 7 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 8 9 10 11 12 /turn1848.806 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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