Hines v. Noriega et al

Filing 39

ORDER signed by Judge John A. Mendez on 6/9/2015 ADOPTING IN FULL 37 Findings and Recommendations; DENYING 28 Motion for Summary Judgment. (Michel, G.)

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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 LARRY HINES, 12 No. 2:13-cv-0392 JAM AC P Plaintiff, 13 v. 14 NORIEGA, et al., 15 ORDER 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. 20 On March 9, 2015, the magistrate judge filed findings and recommendations herein which 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 fourteen days. ECF No. 37. Defendant 23 has filed objections to the findings and recommendations. ECF No. 38. 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 entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. However, for the reasons stated in defendant’s objections, ECF No. 38 at 3-4, the court 28 declines to adopt the second paragraph on page 19 of the findings and recommendations, lines 15 1 1 through 22. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed March 9, 2015, are adopted in full; and 4 2. Defendants’ motion for summary judgment (ECF No. 28) is denied. 5 6 DATED: June 9, 2015 7 /s/ John A. Mendez_________________________ 8 UNITED STATES DISTRICT COURT JUDGE 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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