Anderson v. Kelso, et al.

Filing 148

ORDER ADOPTING 138 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 10/8/13 and GRANTING Defendant Kelso's 117 Motion to Dismiss and 118 Motion for Summary Judgment.(Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL ANDERSON,

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No. 12-cv-0261-MCE-KJN-P

Plaintiff,
v.

ORDER

J. CLARK KELSO, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding through 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 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 31, 2013, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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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 has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed July 31, 2013 (ECF No. 138), are ADOPTED
in full; and

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2. Defendant Kelso’s motion to dismiss (ECF No. 117) and motion for summary

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judgment (ECF No. 118) are GRANTED.

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Dated: October 8, 2013

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