Jones v. Sahota et al

Filing 136

ORDER signed by Chief Judge Morrison C. England, Jr on 3/27/13 ORDERING that the Order entered on 2/26/13 130 Adopting in full the Findings and Recommendations and granting Defendant's Motion for Summary Judgment is CONFIRMED. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HENRY A. JONES,

No. 2:10-cv-03206 MCE EFB P

Plaintiff,

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vs.

ORDER

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SAHOTA, et al.,
Defendants.

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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.
On January 22, 2013, the Magistrate Judge filed findings and recommendations

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herein (ECF No. 127) which were served on all parties and which contained notice to all parties

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that any objections to the findings and recommendations were to be filed within fourteen days.

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Neither party filed objections to the findings and recommendations. On February 26, 2013, this

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Court adopted the findings and recommendations, dismissed this action, and judgment was

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entered.

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Thereafter, on March 11, 2013, Plaintiff requested reconsideration of the findings

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and recommendations, in light of his objections thereto, which he claims to have timely mailed

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to the Court. Although the Court did not receive those objections, Plaintiff submits them as an

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exhibit to his request for reconsideration. (ECF No. 133 Ex. A). In an abundance of caution, the

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Court will grant Plaintiff’s request to consider his objections. Accordingly, the February 26,

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2013 Order adopting the findings and recommendations is hereby reconsidered in light of the

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Plaintiff’s recently submitted objections.1 However, nothing presented in Plaintiff’s objections

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warrants vacating the judgment in this case.

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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, including Plaintiff’s objections to

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the findings and recommendations of the Magistrate Judge. Having carefully reviewed the entire

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file, the Court again finds the findings and recommendations to be supported by the record and

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by proper analysis.
Accordingly, IT IS HEREBY ORDERED that the Order entered on February 26,

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2013 (ECF No. 130) adopting in full the findings and recommendations and granting

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Defendants’ motion for summary judgment filed is CONFIRMED.

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DATED:

March 27, 2013

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__________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

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See Fed. R. Civ. P. 59(e) and 60(b).
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