-KJN (PC) Guevara v. Ralls et al, No. 2:2009cv01132 - Document 118 (E.D. Cal. 2011)

Court Description: ORDER adopting 100 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Frank C. Damrell, Jr on 8/18/11: The September 24, 2010 motion for summary judgment 85 is granted as to defendants Ramirez, Scruggs and McCarvel. (Kaminski, H)

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-KJN (PC) Guevara v. Ralls et al Doc. 118 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AMILCAR GUEVARA, Plaintiff, 11 12 vs. 13 No. 2:09-cv-1132 FCD KJN P A. RALLS, et al., 14 15 16 Defendants. 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 May 4, 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 days. On July 25, 2011, 22 plaintiff was granted twenty-one days from the date plaintiff received his legal materials in 23 which to file objections. On August 11, 2011, defendants notified the court that plaintiff 24 received his legal materials and appended a copy of plaintiff’s letter stating he received his legal 25 materials on July 11, 2011. Thus, plaintiff’s objections were due on or before August 1, 2011. 26 That date has passed, and neither party has filed objections to the findings and recommendations. 1 Dockets.Justia.com 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 1. The findings and recommendations filed May 4, 2011, are adopted in full; 5 2. The September 24, 2010 motion for summary judgment (dkt. no. 85) is granted 6 as to defendants Ramirez, Scruggs and McCarvel. 7 DATED: August 18, 2011. 8 9 10 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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