Dietle v. Miranda, et al.

Filing 40

ORDER signed by Senior Judge William B. Shubb on 2/22/2017 ADOPTING 35 Findings and Recommendations in full and GRANTING 27 Motion for Summary Judgment. Judgment entered for Defendant. CASE CLOSED. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRELL DIETLE,

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No. 2:14-cv-1728 WBS AC P

Plaintiff,
v.

ORDER

RAFAEL MIRANDA, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 26, 2017, 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 fourteen days. ECF No. 35. Plaintiff

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has filed objections to the findings and recommendations (ECF No. 38) and defendant has

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responded (ECF No. 39).

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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 January 26, 2017 (ECF No. 35), are adopted

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in full;

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2. Defendant’s motion for summary judgment (ECF No. 27) is granted; and

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3. Judgment shall be entered for defendant.

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Dated: February 22, 2017

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/diet1728.805

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