(PC) Gordon v. Ramirez-Palmer, et al, No. 2:2002cv02454 - Document 109 (E.D. Cal. 2006)
Court Description: AMENDED ORDER signed by Judge Garland E. Burrell Jr. on 10/3/2006 ORDERING: The findings and recommendations filed 8/11/2006 are ADOPTED in full; and dfts' motion for summary judgment filed 12/30/2005 is GRANTED and judgment is to be entered for dfts. Civil Case Terminated. CASE CLOSED. (Matson, R)
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(PC) Gordon v. Ramirez-Palmer, et al Doc. 109 Case 2:02-cv-02454-GEB-GGH Document 109 Filed 10/03/2006 Page 1 of 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY GORDON, 11 Plaintiff, 12 13 2:02-cv-2454-GEB-GGH-P vs. ANNA M. RAMIREZ-PALMER, et al., 14 AMENDED ORDER1 Defendants. 15 / 16 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 General Order No. 262. 19 On August 11, 2006, 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 twenty days. On 22 September 12, 2006, plaintiff was granted an extension of time to file objections until September 23 24 25 1 26 The court amends the Order, filed on September 27, 2006, to afford plaintiff the benefit of the mailbox rule with respect to the filing of his objections. 1 Dockets.Justia.com Case 2:02-cv-02454-GEB-GGH 1 Document 109 Filed 10/03/2006 Page 2 of 2 20, 2006. Plaintiff filed objections to the findings and recommendations.2 2 The court has reviewed the file and finds the findings and recommendations to be 3 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 4 ORDERED that: 5 6 1. The findings and recommendations filed August 11, 2006, are adopted in full; and 7 2. Defendants’ motion for summary judgment, filed on December 30, 2005, is 8 granted and judgment is to be entered for defendants. 9 Dated: October 3, 2006 10 /s/ Garland E. Burrell, Jr. GARLAND E. BURRELL, JR. United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 Plaintiff includes as exhibits requests with regard to discovery that were not filed in this court until January 23, 2006, notwithstanding plaintiff’s representation in his objections that they were filed on July 4, 2005. Nor does the docket show the wholly defective motion to compel he includes as an exhibit to his objections, as filed at all, either in July of 2005, or in January of 2006. 2
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