Jones v. Toft et al

Filing 170

ORDER signed by Chief Judge Morrison C. England, Jr. on 5/13/2014 ORDERING 165 that that the order entered on 3/26/2014, adopting in full the findings and recommendations, granting defendants' motions for summary judgment and entering judgment in their favor is CONFIRMED. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY JONES, 12 13 14 15 No. 2:11-cv-192-MCE-EFB P Plaintiff, v. ORDER TOFT, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 4, 2014, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party filed 23 objections to the findings and recommendations. On March 26, 2014, this Court adopted the 24 findings and recommendations and granted defendants’ motions for summary judgment. On 25 March 28, 2014, plaintiff filed objections to the findings and recommendations. 26 In an abundance of caution, the Court will vacate the March 26, 2014 order adopting the 27 findings and recommendations and reconsider them in light of plaintiff’s objections. See Fed. R. 28 Civ. P. 59(e) and 60(b). 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 court has conducted a de novo review of this case, including plaintiff’s objections to the findings 3 and recommendations of the magistrate judge. Having carefully reviewed the entire 4 file, the court finds the findings and recommendations to be supported by the record and by 5 proper analysis. 6 Accordingly, IT IS HEREBY ORDERED that that the order entered on March 26, 2014 7 (ECF No. 165) adopting in full the findings and recommendations, granting defendants’ motions 8 for summary judgment and entering judgment in their favor is CONFIRMED. 9 Dated: May 13, 2014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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