Gipbsin v. Kernan, et al

Filing 299

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/24/21 ADOPTING in full 293 findings and recommendations and GRANTING 263 defendant's motion for summary judgment. CASE CLOSED (Kastilahn, A)

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Case 2:12-cv-00556-KJM-DB Document 299 Filed 03/25/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CLARENCE A. GIPBSIN, 12 Plaintiff, 13 14 15 v. No. 2:12-cv-0556 KJM DB P ORDER SCOTT KERNAN, 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 as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On January 4, 2021, the magistrate judge filed findings and recommendations, which were 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within thirty days. ECF No. 293. Plaintiff has filed 23 objections to the findings and recommendations, which the court has carefully considered. ECF 24 No. 296. While the court understands that Mr. Gipbsin has experienced distress as recounted in 25 his filings, his case does not provide a basis for redress. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 27 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 28 findings and recommendations to be supported by the record and by the proper analysis. 1 Case 2:12-cv-00556-KJM-DB Document 299 Filed 03/25/21 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 4, 2021, are adopted in full; 3 2. Defendants’ motion for summary judgment, ECF No. 263, is granted; and 4 3. The clerk of court is directed to close this case. 5 DATED: March 24, 2021. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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