-EFB (PC) Degner v Athanassious, No. 2:2010cv01673 - Document 24 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge John A. Mendez on 8/9/2011 ADOPTING 21 Findings and Recommendations in full. Dft's 17 Motion for Judgment on the pleadings as to Pltf's state law negligence claim is GRANTED. (Zignago, K.)
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-EFB (PC) Degner v Athanassious Doc. 24 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD DEGNER, 11 Plaintiff, 12 13 No. CIV S-10-1673 JAM EFB P vs. ATHANASSIOUS, 14 Defendant. 15 ORDER / 16 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 20, 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 fourteen days. Neither party has filed 22 objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed May 20, 2011, are adopted in full; and 2 2. Defendant’s March 29, 2011 motion for judgment on the pleadings as to 3 plaintiff’s state law negligence claim is granted. 4 DATED: August 9, 2011 5 6 /s/ John A. Mendez 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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