Claiborne v. Blauser et al

Filing 79

ORDER signed by Judge Lawrence K. Karlton on 3/29/2013 ADOPTING 71 Findings and Recommendations in full and DENYING 55 Motion for Summary Judgment. (Donati, J)

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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 DENNIS CLAIBORNE, Plaintiff, 11 12 vs. 13 No. 2:10-cv-2427 LKK EFB P BLAUSER, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 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. On November 30, 2012, the magistrate judge filed findings and recommendations 19 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 fourteen days from the 22 date the findings and recommendations were served. After extensions of time, plaintiff has 23 timely filed objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 25 304, this court has conducted a de novo review of this case. Having carefully reviewed the 26 entire 1 1 //// 2 file, the court finds the findings and recommendations to be supported by the record and by 3 proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed November 30, 2012, are adopted in 6 full; and 7 8 2. Plaintiff’s May 21, 2012 motion for summary judgment (Docket No. 55) is denied. 9 So ordered. 10 DATED: March 29, 2013. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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