Foster v. Schmidt et al
Filing
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ORDER signed by Senior Judge Morrison C. England, Jr., on 11/18/21 ADOPTING in full 39 Findings and Recommendations and GRANTING 33 Defendant Delgado's Motion for Summary Judgment. Judgment is entered against plaintiff and in defendant's favor. CASE CLOSED(Kastilahn, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSEPH WAYNE FOSTER,
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Plaintiff,
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No. 2:17-cv-02199-MCE-JDP (PC)
v.
ORDER
RALPH DELGADO,
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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 August 11, 2021, 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. 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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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed August 11, 2021, are adopted in full;
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2. Defendant Delgado’s motion for summary judgment, ECF No. 33, is granted;
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3. Judgment is entered against plaintiff and in defendant’s favor; and
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4. The Clerk of Court is directed to close this case.
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Dated: November 18, 2021
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