Foster v. Schmidt et al

Filing 43

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH WAYNE FOSTER, 12 Plaintiff, 13 14 No. 2:17-cv-02199-MCE-JDP (PC) v. ORDER RALPH DELGADO, 15 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. On August 11, 2021, the magistrate judge filed findings and recommendations herein 20 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 August 11, 2021, are adopted in full; 3 2. Defendant Delgado’s motion for summary judgment, ECF No. 33, is granted; 4 3. Judgment is entered against plaintiff and in defendant’s favor; and 5 4. The Clerk of Court is directed to close this case. 6 7 Dated: November 18, 2021 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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