Fountain v. Lebron et al

Filing 68

ORDER signed by Judge Kimberly J. Mueller on 9/5/12 ADOPTING IN FULL 67 Findings and Recommendations; DENYING 46 Motion for Summary Judgment. (Meuleman, 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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CARL FOUNTAIN,
Plaintiff,

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No. CIV S-10-2633-KJM-DAD

vs.
A. LEBRON, et al.,
Defendants.

ORDER
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Plaintiff, a state prisoner proceeding with counsel, 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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 18, 2012, the magistrate judge filed findings and recommendations,

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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 presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.
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1983). Having carefully reviewed the file, the court finds the findings and recommendations to

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be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed April 18, 2012, are adopted in full;

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and

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2. Defendants’ February 3, 2012, motion for summary judgment (Doc. No. 46) is

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denied.

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DATED: September 5, 2012.

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UNITED STATES DISTRICT JUDGE

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