(PC) Magarrell v. Mangis, et al, No. 2:2004cv02634 - Document 105 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING 98 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge Lawrence K. Karlton on 10/23/09 and ORDERING that dft Roche's 72 Amended Motion for Summary Judgment is DENIED. (Benson, A.)
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(PC) Magarrell v. Mangis, et al Doc. 105 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TROY MAGARRELL, 11 Plaintiff, 12 13 14 vs. P. MANGIS, M.D., et al., Defendants. 15 16 No. CIV S-04-2634 LKK DAD P ORDER / Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights 17 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 August 20, 2009, 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. Defendant 22 Roche has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 20, 2009, are adopted in full; 3 and 4 2. Defendant Roche’s June 4, 2009 amended motion for summary judgment 5 (Doc. No. 72) is denied. 6 DATED: October 23, 2009. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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