(PC) Magnan v. Runnels, et al, No. 2:2003cv01099 - Document 201 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 11/2/2010 ORDERING that the 198 findings and recommendations filed September 22, 2010, are adopted in full. The 153 motion for summary judgment brought by defendant Evans is DENIED as to plaintiff's first cause of action and granted in all other respects. Plaintiff shall file his pretrial statement within twenty-one days. Defendant Evans shall file his pretrial statement within fourteen days of service of plaintiff's.(Duong, D)
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(PC) Magnan v. Runnels, et al Doc. 201 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL MAGNAN, 11 Plaintiff, 12 No. CIV S-03-1099 GEB KJM P vs. 13 DAVID RUNNELS, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a former California prisoner proceeding with counsel, has filed this civil 17 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On September 22, 2010, 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. No party 22 has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 2 3 4 5 1. The findings and recommendations filed September 22, 2010, are adopted in full; and 2. The motion for summary judgment brought by defendant Evans (Docket No. 153) is denied as to plaintiff’s first cause of action and granted in all other respects. 3. Plaintiff shall file his pretrial statement within twenty-one days. Defendant 6 Evans shall file his pretrial statement within fourteen days of service of plaintiff’s. 7 Dated: November 2, 2010 8 9 10 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