Rood v. Swarthout, et al.
Filing
89
ORDER signed by District Judge John A. Mendez on 12/22/21 ADOPTING 88 Findings and Recommendations in full GRANTING 77 Motion for Summary Judgment; Judgement is entered as a matter of law in favor of Defendants Tan, Fontillas, Hardman, Win, and Braunger ("Carlson"); DISMISSING non-moving Defendants Hannies, Kiesz, and Herhst for failure to effect timely service of process. CASE CLOSED (Benson, A.)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RICHARD V. ROOD,
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Plaintiff,
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No. 2:13-CV-0478-JAM-DMC-P
v.
ORDER
WIN, et al.,
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Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
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42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
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Eastern District of California local rules.
On October 29, 2021, the Magistrate Judge filed findings and recommendations
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herein which were served on the parties and which contained notice that the parties may file
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objections within the time specified therein. No objections to the findings and recommendations
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have been filed.
The Court has reviewed the file and finds the findings and recommendations to be
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supported by the record and the Magistrate Judge’s analysis.
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///
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Accordingly, IT IS HEREBY ORDERED that:
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1.
The findings and recommendations filed October 29, 2021, are adopted in
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Moving Defendants’ motion for summary judgment, ECF No. 77, is
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Judgement is entered as a matter of law in favor of Defendants Tan,
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full;
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granted;
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Fontillas, Hardman, Win, and Braunger (“Carlson”);
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4.
Non-moving Defendants Hannies, Kiesz, and Herhst are dismissed
pursuant to Federal Rule of Civil Procedure 4(m) for failure to effect timely service of process;
and
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The Clerk of the Court is directed to enter judgment and close this file.
Dated: December 22, 2021
/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE
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