Cooper v. Heatley et al

Filing 62

ORDER signed by Judge Kimberly J. Mueller on 2/11/2015 FINDINGS AND RECOMMENDATIONS 60 are ADOPTED in FULL; Defendants' 50 Motion for Summary Judgment is DENIED without prejudice to its re-filing in compliance with the new 4/15/2015 deadline for the filing of pretrial motions; this matter is REFERRED back to the magistrate judge for further proceedings. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GOLDYN COOPER,

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Plaintiff,

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No. 2:12-cv-0602 KJM DAD P

v.

ORDER

SCOTT HEATLEY, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 7, 2015, the magistrate judge filed findings and recommendations, which

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contained notice to plaintiff that any objections to the findings and recommendations were to be

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filed within fourteen days. Plaintiff has not filed objections to the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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

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the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 7, 2015 are adopted in full.

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2. Defendants’ motion for summary judgment (ECF No. 50) is denied without prejudice

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to its re-filing in compliance with the new April 15, 2015 deadline for the filing of

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pretrial motions.

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3. This matter is referred back to the magistrate judge for further proceedings.

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SO ORDERED.

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DATED: February 11, 2015.

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UNITED STATES DISTRICT JUDGE
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