Avila v. McMahon et al

Filing 93

ORDER signed by District Judge John A. Mendez on 12/21/2020 ADOPTING 90 Findings and Recommendations in full, GRANTING 79 Motion for Summary Judgment, and DENYING as MOOT 83 , 85 Motions. CASE CLOSED.(Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID ANTHONY AVILA,

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No. 2:18-cv-0163 JAM AC PS

Plaintiff,
v.

ORDER

M.D. MCMAHON,

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Defendant.

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Plaintiff proceeds in this action in pro per. The matter was referred to a United States
Magistrate Judge pursuant to Local Rule 302(c)(21).
On October 16, 2020, the magistrate judge filed findings and recommendations herein

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

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and recommendations were to be filed within twenty-one days. ECF No. 90. Plaintiff has filed

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objections to the findings and recommendations. ECF No. 91. Defendant filed an opposition to

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the objections. ECF No. 92.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed October 16, 2020, are adopted in full; and

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2. Defendant’s motion for summary judgment (ECF No. 79) is GRANTED and plaintiff’s
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pending motions (ECF Nos. 83 and 85) are DENIED as MOOT.

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DATED: December 21, 2020

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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