(PC) Allen v. Rivera et al, No. 1:2005cv00146 - Document 74 (E.D. Cal. 2013)
Court Description: ORDER Adopting 73 FINDINGS AND RECOMMENDATIONS DENYING Defendants' 53 Motion for Summary Judgment signed by District Judge Anthony W. Ishii on 6/26/2013. (Sant Agata, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CEDRIC R. ALLEN, 12 Plaintiff, 13 v. 14 Case No. 1:05-cv-00146-AWI-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT J. RIVERA, et al., (ECF Nos, 53 & 73) 15 Defendants. 16 17 Plaintiff Cedric R. Allen is a state prisoner appearing pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Currently before the Court is Defendants’ motion for summary judgment. (ECF No. 53.) 21 On May 1, 2013, the Magistrate Judge issued a findings and recommendations recommending 22 denying Defendants’ motion for summary judgment. (ECF No. 73.) The parties did not file any 23 objections to the findings and recommendations. 24 Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this 25 case. Having carefully reviewed the entire file, the Court finds the findings and recommendations 26 to be supported by the record and by proper analysis. 27 /// 28 /// 1 1 Accordingly, it is HEREBY ORDDERED that: 2 1. 3 The Court adopts the findings and recommendations filed on May 1, 2013, in full; and 4 2. This matter is referred back to the Magistrate Judge to set this matter for trial. 5 6 7 8 IT IS SO ORDERED. Dated: June 26, 2013 SENIOR DISTRICT JUDGE DEAC_Signature-END: 9 10 0m8i788 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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