Provencio, et al. v. Vasquez, et al., No. 1:2007cv00069 - Document 206 (E.D. Cal. 2010)

Court Description: ORDER adopting in full 200 FINDINGS AND RECOMMENDATIONS and granting 159 Motion for Summary Judgment by defendant Michael Songer. Michael Songer terminated. Signed by Chief Judge Anthony W. Ishii on 7/21/10. (Robles, S)

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Provencio, et al. v. Vasquez, et al. Doc. 206 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 DANIEL PROVENCIO, JR., personally and as successor in interest to DANIEL PROVENCIO, deceased, by his guardian ad litem, Maria Lucero, et al., 14 Plaintiffs, 15 v. 16 PATRICIA L. VAZQUEZ, et al., 17 Defendants. 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:07-cv-00069-AWI- JLT ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL AND GRANTING MOTION FOR SUMMARY JUDGMENT FILED BY DEFENDANT SONGER (Docs. 159, 200) 19 20 Plaintiffs filed this civil rights action seeking relief under 42 U.S.C. § 1983. On February 18, 21 2010, defendant Michael Songer filed his motion for summary judgment. On May 13, 2010, the Court 22 referred the matter to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On June 16, 2010, the Magistrate Judge filed a Findings and Recommendations that 24 recommended to the Court that it grant defendant Songer’s motion for summary judgment. Plaintiffs 25 were granted 14 days from June 16, 2010 to file objections to the recommendation. The findings and 26 recommendations were served on Plaintiffs by mail on June 16, 2010. 27 Johnnie G. Provencio filed objections. 28 On July 5, 2010, Plaintiff In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United 1 Dockets.Justia.com 1 School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review of the case. 2 Having carefully reviewed the entire file, the Court finds that the findings and recommendation are 3 supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings/report and recommendations filed June 16, 2010, are ADOPTED IN FULL; and 6 2. Defendant Songer is granted summary judgment. 7 8 IT IS SO ORDERED. 9 10 Dated: 0m8i78 July 21, 2010 CHIEF UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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