Young v. Jefferies et al

Filing 48

ORDER signed by Judge Kimberly J. Mueller on 3/30/15. The Clerk is directed to file the entire transcript of Plaintiff's deposition taken on 2/24/14, a copy of which was lodged on 4/8/14 and excerpts of which are contained in Defendant's Exhibit B, ECF No. 27-3; The FINDINGS AND RECOMMENDATIONS filed 1/6/15 41 , are ADOPTED in full; and the Motion for Summary Judgment 27 is DENIED.(Mena-Sanchez, 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 THOMAS D. YOUNG, 12 Plaintiff, 13 14 No. 2:12-cv-2673-KJM-EFB P v. ORDER OFFICER SANDOVAL, 15 Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 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. On January 6, 2015, the magistrate judge filed findings and recommendations, which were 20 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 fourteen days. Defendant has filed objections to the 23 findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having carefully reviewed the file, the court 26 finds the findings and recommendations to be supported by the record and by proper analysis. 27 ///// 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of the Court is directed to file the entire transcript of plaintiff’s deposition 3 taken on February 24, 2014, a copy of which was lodged on April 8, 2014 and excerpts of which 4 are contained in Defendant’s Exhibit B, ECF No. 27-3; 5 2. The findings and recommendations filed January 6, 2015, are adopted in full; and 6 3. The motion for summary judgment filed by Sandoval on April 4, 2014 (ECF No. 27) is 7 denied. 8 DATED: March 30, 2015. 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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