(PC) Vlasich v. Fishback, et al, No. 1:2005cv01615 - Document 165 (E.D. Cal. 2010)

Court Description: ORDER Adopting 157 FINDINGS AND RECOMMENDATIONS; GRANTING Defendant Fishback's 124 , 125 Motion for Summary Judgment signed by District Judge Lawrence J. O'Neill on 10/28/2010. (Sant Agata, S)
Download PDF
(PC) Vlasich v. Fishback, et al Doc. 165 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN VLASICH, 12 13 14 Plaintiff, vs. DR. TIMOTHY FISHBACK, et al., 15 16 Defendants. _____________________________/ 1:05-cv-01615-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 157.) ORDER GRANTING DEFENDANT FISHBACK'S MOTION FOR SUMMARY JUDGMENT (Docs. 124, 125.) 17 Steven Vlasich, ("plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302. 20 On August 31, 2010, findings and recommendations were entered, recommending 21 that the motion for summary judgment filed on January 25, 2010 by defendant Dr. Timothy Fishback 22 be granted. (Doc. 157.) On October 18, 2010, plaintiff filed objections to the findings and 23 recommendations. (Doc. 162.) 24 In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304, 25 this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 26 including plaintiff's objections, the court finds the findings and recommendations to be supported by 27 the record and proper analysis. 28 1 Dockets.Justia.com 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. The Findings and Recommendations issued by the Magistrate Judge on August 31, 3 2010, are ADOPTED in full; 4 5 2. Defendant Dr. Timothy Fishback's motion for summary judgment, filed on January 25, 2010, is GRANTED; 6 3. Summary judgment is GRANTED in favor of defendant Dr. Timothy Fishback; 7 4. This action now proceeds only against defendants Dr. Jesus Juarez and Dr. Simon 8 Villa; and 9 10 5. The Clerk of Court is directed to reflect on the court's docket the termination of defendant Fishback from this action. 11 12 IT IS SO ORDERED. 13 Dated: 66h44d October 28, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2