Peeler v. Machado et al

Filing 53

ORDER signed by District Judge Troy L. Nunley on 5/12/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 4/10/15 49 are ADOPTED in full; Defendants' MOTION for Summary Judgment 36 is GRANTED; and Defendants Barnhart and Ross are DISMISSED from this action. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRICE A. PEELER,

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Plaintiff,

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No. 2:13-cv-2429 TLN CKD P

v.

ORDER

MACHADO, 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 April 10, 2015, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within fourteen days. Plaintiff has filed

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objections to the findings and recommendations.
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 April 10, 2015, are adopted in full;

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2. Defendants’ Motion for Summary Judgment (ECF No. 36) is granted; and

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3. Defendants Barnhart and Ross are dismissed from this action.

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IT IS SO ORDERED.

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Dated: May 12, 2015

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Troy L. Nunley
United States District Judge

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