Dicey v. Cobb et al

Filing 62

ORDER signed by District Judge Troy L. Nunley on 1/10/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 12/5/16 58 are ADOPTED in full; Defendant Griffith's MOTION for Summary Judgment 20 is GRANTED. And Defendant D. Griffith is DISMISSED from this action. (Mena-Sanchez, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BERLAN LYNELL DICEY,

12

No. 2:14-cv-2661 TLN CKD P

Plaintiff,

13

v.

14

T. COBB, et al.,

15

ORDER

Defendants.

16
17

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

18

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

19

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

20

On December 5, 2016, the Magistrate Judge filed findings and recommendations herein

21

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

22

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

23

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

24
25

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

26

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

27

analysis.

28

/////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed December 5, 2016, (ECF No. 58) are adopted

3

in full;

4

2. Defendant Griffith’s motion for summary judgment (ECF No. 20) is granted; and

5

3. Defendant Griffith is dismissed from this action.

6
7
8

Dated: January 10, 2017

9
10

Troy L. Nunley
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2