-KJN (TEMP)(PC) Brook v. Haviland et al, No. 2:2009cv01364 - Document 59 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 8/1/2011 adopting 53 FINDINGS AND RECOMMENDATIONS in full; Plaintiff's 48 Motion for Summary Judgment is DENIED. (Waggoner, D)

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-KJN (TEMP)(PC) Brook v. Haviland et al Doc. 59 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONALD BROOK, 11 12 13 14 Plaintiff, vs. J.W. HAVILAND, et al., Defendants. 15 16 No. CIV S-09-1364 GEB KJN (TEMP) 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 June 20, 2011, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty-one days. 22 Plaintiff has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 20, 2011, are adopted in full; 3 4 5 and 2. Plaintiff’s January 31, 2011, motion for summary judgment is denied. Dated: August 1, 2011 6 7 8 GARLAND E. BURRELL, JR. United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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