-DAD (PC) Yellen v. Olivarez, et al, No. 2:1994cv01298 - Document 277 (E.D. Cal. 2012)

Court Description: ORDER adopting in full 274 FINDINGS AND RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr., on 1/18/12. Plaintiff's 259 motion for reconsideration is GRANTED.This court's 3/1/11 order and judgment are VACATED; and this matter is REFERRED back to the magistrate judge for further proceedings. (Kastilahn, A)
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-DAD (PC) Yellen v. Olivarez, et al Doc. 277 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKE YELLEN, 11 12 13 14 Plaintiff, vs. ANA M. OLIVAREZ, et al., Defendants. 15 16 No. 2:94-cv-1298 GEB DAD (PC) ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On December 14, 2011, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within fourteen days. 22 Defendants sought and received an extension of time to file objections on or before January 10, 23 2012. Neither party has filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1 2 1. The findings and recommendations filed December 14, 2011, are adopted in full; 3 2. Plaintiff’s April 7, 2011 motion for reconsideration is granted; 4 3. This court’s March 1, 2011 order and judgment thereon are vacated; and 5 4. This matter is referred back to the magistrate judge for further proceedings. 6 Dated: January 18, 2012 7 8 9 GARLAND E. BURRELL, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2