-KJN (PC) Tabarez v. Butler, et al, No. 2:2004cv00360 - Document 217 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Lawrence K. Karlton on 9/16/11 ADOPTING 212 FINDINGS AND RECOMMENDATIONS; DENYING 189 Motion to Rescind Settlement Agreement, and GRANTING 190 Motion to Enforce Settlement Agreement. (Meuleman, A)
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-KJN (PC) Tabarez v. Butler, et al Doc. 217 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY TABAREZ, 11 12 13 14 Plaintiff, vs. DIANA BUTLER, et al., Defendants. 15 16 No. 2:04-cv-0360 LKK KJN P ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On July 8, 2011, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one days. Plaintiff has filed 22 objections to the findings and recommendations. Defendant Max Lemon filed a reply to 23 plaintiff’s objections. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 26 file, the court finds the findings and recommendations to be supported by the record and by 1 Dockets.Justia.com 1 proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed July 8, 2011, are adopted in full; 4 2. Plaintiff’s August 24, 2010 motion to rescind the settlement agreement is 5 denied; and 6 3. Defendants’ September 2, 2010 motion to enforce the settlement agreement is 7 granted. 8 DATED: September 16, 2011. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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