Lasher v. Miranda et al
Filing
65
ORDER signed by Senior Judge William B. Shubb on 8/1/2013 FINDINGS AND RECOMMENDATIONS 60 are ADOPTED in FULL; Defendants untimely request in their Objections to the magistrate judges findings and recommendations to supplement the record with brief ing and evidence is DENIED. Defendants' 51 summary judgment motion is GRANTED as to plaintiff's claim that his delay in receipt of shoulder surgery caused additional shoulder damage; and Defendants' motion is DENIED in all other respects.(Reader, L)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
GARY LASHER,
12
Plaintiff,
13
14
No. 2:11-cv-2564 WBS KJN P
v.
ORDER
R. MIRANDA, et al.,
15
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.
On June 13, 2013, the magistrate judge filed findings and recommendations herein which
20
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 twenty-one days. Both parties have filed
23
objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
24
25
court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
26
court finds the findings and recommendations to be supported by the record and by proper
27
analysis.
28
////
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1. The findings and recommendations filed June 13, 2013 are adopted in full;
3
2. Defendants’ untimely request in their Objections to the magistrate judge’s findings
4
and recommendations to supplement the record with briefing and evidence is denied.
5
3. Defendants’ summary judgment motion (ECF No. 51) is granted as to plaintiff’s claim
6
that his delay in receipt of shoulder surgery caused additional shoulder damage; and
7
4. Defendants’ motion is denied in all other respects.
8
Dated: August 1, 2013
9
10
11
12
13
lash2564.806
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?