(PC) Aubert v. Hector, No. 1:2010cv00565 - Document 39 (E.D. Cal. 2013)
Court Description: ORDER ADOPTING 37 Findings and Recommendations, signed by District Judge Lawrence J. O'Neill on 12/19/2013. (Marrujo, C)
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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 8 ESS ‘NN AUBERT, Plaintiff, 9 10 11 Case No. 1:10 cv 00565 LJO GSA PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 37) vs. H. ROBLES, Defendant. 12 13 14 15 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 18 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 19 20 U.S.C. § 636(b)(1). 21 On November 15, 2013, findings and recommendations were entered, recommending that 22 Defendant’s motion for summary judgment be denied. The parties were provided an opportunity 23 to file objections within thirty days. No objections to the findings and recommendations have 24 been filed. 25 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this 27 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 1 1 2 Court finds the findings and recommendations to be supported by the record and proper analysis. Accordingly, THE COURT HEREBY ORDERS that: 3 1. The findings and recommendations issued by the Magistrate Judge on November 15, 4 5 2013, are adopted in full. 6 2. Defendant’s motion for summary judgment is denied. 7 3. This action is referred to the Magistrate Judge for pretrial proceedings. 8 9 IT IS SO ORDERED. 10 11 Dated: /s/ Lawrence J. O’Neill 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 December 19, 2013 2
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