(PC) Warzek v. Onyeje et al, No. 1:2017cv01452 - Document 89 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 76 Findings and Recommendations, and GRANTING 55 Defendants' Motion for Summary Judgment, signed by District Judge Anthony W. Ishii on 12/1/2020. CASE CLOSED. (Rivera, O)

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(PC) Warzek v. Onyeje et al Doc. 89 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL R. WARZEK, 12 Plaintiff, 13 14 v. O. ONEYEJE, et al., 15 Defendants. 16 Case No.: 1:17-cv-01452-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Doc. Nos. 55, 76) Plaintiff Michael R. Warzek is appearing pro se in this civil rights action pursuant to 42 U.S.C. 17 18 ) ) ) ) ) ) ) ) ) ) § 1983. 19 On April 14, 2020, the Magistrate Judge issued Findings and Recommendations 20 recommending that Defendants’ motion for summary judgment be granted. (Doc. No. 76.) The 21 Findings and Recommendations were served on the parties and contained notice that objections were 22 to be filed within thirty days. After receiving five extensions of time, Plaintiff filed objections on 23 September 25, 2020. (Doc. No. 87.) Defendants filed a response on October 15, 2020. (Doc. No. 88.) In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this Court 24 25 has conducted a de novo review of this case. Having carefully reviewed the entire file, including 26 Plaintiff’s objections, the Court finds the Findings and Recommendations to be supported by the 27 record and proper analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, it is HEREBY ORDERED that: 2 1. 3 adopted in full; 4 2. Defendants’ motion for summary judgment (Doc. No. 55) is granted; and 5 3. Judgement shall be entered in favor of Defendants. The Findings and Recommendations issued on April 14, 2020 (Doc. No. 76), are 6 7 IT IS SO ORDERED. 8 Dated: December 1, 2020 9 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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