(PC) Benyamini v. Hammer et al, No. 2:2011cv02317 - Document 106 (E.D. Cal. 2016)
Court Description: ORDER ADOPTING 95 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 01/15/16 and ORDERING that defendants' 74 Motion for Summary Judgment is DENIED without prejudice. (Benson, A)
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(PC) Benyamini v. Hammer et al Doc. 106 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT BENYAMINI, 12 No. 2:11-cv-2317 TLN AC P Plaintiff, 13 v. 14 O’BRIAN, et al., 15 ORDER Defendants. 16 17 Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 28, 2015, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 95.) 23 Defendants have filed objections to the findings and recommendations (ECF No. 96) and Plaintiff 24 has responded (ECF No. 100). 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 28, 2015 (ECF No. 95), are 3 4 5 adopted in full; and 2. Defendants’ motion for summary judgment (ECF No. 74) is denied without prejudice. Dated: January 15, 2016 6 7 8 Troy L. Nunley United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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