Smith v. Rodriguez et al

Filing 102

ORDER signed by District Judge John A. Mendez on 12/27/2016 ADOPTING IN FULL 95 Findings and Recommendations; and Defendants Rodriguez and Singh's 76 Motion for Summary Judgment is GRANTED. (Jackson, T)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 EARL D. SMITH, 11 Plaintiff, 12 13 No. 2:13-cv-2192 JAM AC P v. ORDER R. RODRIGUEZ, et al., 14 Defendants. 15 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 18 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 30, 2016, the magistrate judge filed findings and recommendations herein 19 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one days. ECF No. 95. 22 Plaintiff has filed objections to the findings and recommendations. ECF No. 96. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 23 24 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 25 court finds the findings and recommendations to be supported by the record and by proper 26 analysis. 27 ///// 28 Accordingly, IT IS HEREBY ORDERED that: 1 1 1. The findings and recommendations filed September 30, 2016, are adopted in full; and 2 2. Defendants Rodriguez and Singh’s motion for summary judgment (ECF No. 76) is 3 granted. 4 DATED: December 27, 2016 5 /s/ John A. Mendez__________________________ 6 UNITED STATES DISTRICT COURT JUDGE 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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