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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EARL D. SMITH,

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Plaintiff,

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No. 2:13-cv-2192 JAM AC P

v.

ORDER

R. RODRIGUEZ, 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 pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On September 30, 2016, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within twenty-one days. ECF No. 95.

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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

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed September 30, 2016, are adopted in full; and

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2. Defendants Rodriguez and Singh’s motion for summary judgment (ECF No. 76) is

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granted.

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DATED: December 27, 2016

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/s/ John A. Mendez__________________________

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UNITED STATES DISTRICT COURT JUDGE

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