(PC) Aubert v. Elijah et al, No. 1:2007cv01629 - Document 59 (E.D. Cal. 2011)

Court Description: ORDER Re: 53 Findings and Recommendations, signed by District Judge Lawrence J. O'Neill on 9/14/11. Defendant Elijah's 42 Motion for Summary Judgment is denied. (Gonzalez, R)

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(PC) Aubert v. Elijah et al Doc. 59 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 ESS’NN A. AUBERT, ) ) Plaintiff, ) ) v. ) ) KEVIN ELIJAH, et al., ) ) Defendants. ) ____________________________________) NO. 1:07 cv 01629 LJO GSA PC ORDER RE: FINDINGS & RECOMMENDATIONS Document # 53 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter was 18 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 19 302. 20 On May 11, 2011, findings and recommendations were entered, recommending that 21 Defendant Elijah’s motion for summary judgment be denied. The parties were provided an 22 opportunity to file objections within thirty days. No objections to the findings and 23 recommendations have been filed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and proper analysis. 27 Accordingly, THE COURT HEREBY ORDERS that: 28 1. The Findings and Recommendations issued by the Magistrate Judge on May 11, 2011, Dockets.Justia.com 1 are adopted in full; and 2 2. Defendant Elijah’s motion for summary judgment is denied. 3 4 5 IT IS SO ORDERED. 6 Dated: 66h44d September 14, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 7 8 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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