(PC-G) Puckett v. Corcoran Prison - CDCR, et al., No. 1:2011cv01565 - Document 36 (E.D. Cal. 2013)

Court Description: ORDER ADOPTING 34 FINDINGS AND RECOMMENDATIONS and Denying 27 Plaintiff's Motion for Summary Judgment without Prejudice signed by District Judge Lawrence J. O'Neill on 01/15/2013. (Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 DURRELL ANTHONY PUCKETT, 12 13 14 Plaintiff, vs. D. BAILEY, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) ) 1:11cv01565 LJO DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE (Document 34) 16 17 Plaintiff Durrell Anthony Puckett, a state prisoner proceeding pro se and in forma 18 pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 20 21 22 Rule 302. On December 17, 2012, the Magistrate Judge issued Findings and Recommendations to deny Plaintiff’s Motion for Summary Judgment without prejudice to re-filing once discovery has 23 been completed. The Findings and Recommendations were served on the parties and contained 24 25 26 27 notice to the parties that any objections to the Findings and Recommendations were to be filed within fifteen days. The parties have not filed timely objections to the Findings and Recommendations. 28 1 1 2 3 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the Findings and Recommendations are supported by the record and by proper analysis. Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations, filed December 17, 2012, are ADOPTED in 6 full; and 7 8 2. Plaintiff’s Motion for Summary Judgment is DENIED without prejudice to refiling once discovery has been completed (Document 27). 9 10 11 12 13 14 15 16 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill January 15, 2013 UNITED STATES DISTRICT JUDGE DEAC_Signature-END: b9ed48bb 17 18 19 20 21 22 23 24 25 26 27 28 2

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