(PC) Munir v. Thomas et al, No. 2:2005cv01996 - Document 74 (E.D. Cal. 2012)
Court Description: ORDER signed by Chief Judge Morrison C. England, Jr. on 11/6/2012 ADOPTING 73 Findings and Recommendations in full; VACATING 47 Order granting 35 Motion for Summary Judgment; DENYING, without prejudice, 35 Motion for Summary Judgment; ORDERIN G Defendants to file and serve, within 30 days, a single Motion for Summary Judgment that includes the notice to Plaintiff required by Woods v. Carey 684 F.3d 934 (9th Cir. 2012); ORDERING Plaintiff to file and serve an Opposition 21 days thereafter; ORDERING Defendants to file and serve a Reply, if any, 14 days thereafter. (Michel, G)
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(PC) Munir v. Thomas et al Doc. 74 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN MUNIR, 12 Plaintiff, 13 v. 14 No. 2:05-cv-01996 MCE EFB P THOMAS, et al., 15 Defendants. 16 17 ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 11, 2012, the Magistrate Judge filed findings and recommendations 21 herein (ECF No. 73) which were served on all parties and which contained notice to all parties 22 that any objections to the findings and recommendations were to be filed within fourteen days. 23 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 3 4 5 6 7 1. The findings and recommendations (ECF No. 73) filed October 11, 2012, are ADOPTED IN FULL. 2. The March 28, 2008, order granting Defendants’ motion for summary judgment (ECF No. 47) is VACATED. 3. Defendants’ April 30, 2007, motion for summary judgment (ECF No. 35) is DENIED WITHOUT PREJUDICE. 4. Within thirty (30) days of this order, Defendants may file and serve a single 8 motion for summary judgment that includes the notice to Plaintiff required by Woods v. Carey, 9 684 F.3d 934 (9th Cir. 2012). Thereafter, Plaintiff must file and serve an opposition within 10 twenty-one (21) days, and Defendants may thereafter file a reply within fourteen (14) days. 11 Dated: November 6, 2012 12 13 14 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2
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