(PS) O'Keeffe v. Alameida, et al, No. 2:2004cv01695 - Document 67 (E.D. Cal. 2010)

Court Description: ORDER adopting 66 FINDINGS AND RECOMMENDATIONS signed by Judge William B. Shubb on 2/26/10: Defendant's motion for summary judgment is denied 57 . (Kaminski, H)

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(PS) O'Keeffe v. Alameida, et al Doc. 67 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEMIAN TREVOR O’KEEFE, Plaintiff, 11 vs. 12 13 CIV-S-04-1695 WBS GGH PS EDWARD S. ALAMEIDA, et al., 14 Defendants. 15 ORDER __________________________________/ 16 On January 14, 2010, the magistrate judge filed findings and recommendations 17 herein which were served on the parties and which contained notice that any objections to the 18 findings and recommendations were to be filed within twenty-one days. No objections were 19 filed. Accordingly, the court presumes any findings of fact are correct. See Orland v. 20 21 United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are 22 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 23 1983). The court has reviewed the applicable legal standards and, good cause appearing, 24 25 concludes that it is appropriate to adopt the Findings and Recommendations in full. 26 \\\\\ 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The Findings and Recommendations filed January 14, 2010, are ADOPTED; 3 and 4 5 2. Defendant’s motion for summary judgment (docket no. 57) is denied. DATED: February 26, 2010 6 7 8 9 10 11 okee1695.CJRA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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