(PC) Porteous v. Avila et al, No. 1:2021cv00529 - Document 54 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 53 Findings and Recommendations, Granting Defendants' 44 Motion for Summary Judgment and Directing Clerk of Court to Enter Judgment, signed by District Judge Ana de Alba on 6/30/2023. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LARRY BRIAN PORTEOUS, No. 1:21-cv-00529-ADA-SAB (PC) Plaintiff, 11 12 v. 13 R. AVILA, et al., 14 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT Defendants. (ECF Nos. 41, 44, 53) 15 16 Plaintiff Larry Brian Porteous (“Plaintiff”) is proceeding pro se and in forma pauperis in 17 this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B). 19 On March 30, 2023, the assigned Magistrate Judge issued findings and recommendations, 20 recommending that Defendants’ motion for summary judgment be granted. (ECF No. 53.) The 21 parties were given twenty-one days to file objections to the findings and recommendations. (Id.) 22 The deadline has passed, and no objections were filed. 23 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted 24 a de novo review of the case. Having carefully reviewed the entire file, the Court finds the 25 findings and recommendations to be supported by the record and by proper analysis. 26 /// 27 /// 28 /// 1 1 Accordingly, 2 1. The findings and recommendations issued by the Magistrate Judge on March 30, 2023, (ECF No. 53), are adopted in full; 3 4 2. Defendants’ motion for summary judgment filed on December 1, 2022, (ECF No. 44), is granted; and 5 6 3. The Clerk of Court shall enter judgment in favor of Defendants. 7 8 9 IT IS SO ORDERED. 10 Dated: June 30, 2023 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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