(PC) Zackery v. Stockton Police Department et al, No. 2:2005cv02315 - Document 54 (E.D. Cal. 2008)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Morrison C. England, Jr on 2/1/2008 re 50 Findings and Recommendations; Dfts' motion for summary judgment, filed on 4/5/2007 is GRANTED; and this action is dismissed. CASE CLOSED. (Matson, R)

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(PC) Zackery v. Stockton Police Department et al Doc. 54 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONALD LOUIS ZACKERY, 12 Plaintiff, 13 14 No. 2:05-cv-02315-MCE-DAD P vs. ORDER STOCKTON POLICE DEP’T., et al., 15 Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 20 On January 2, 2008, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty days. Plaintiff has filed 23 objections to the findings and recommendations. 24 /// 25 /// 26 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, 2 this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 the court finds the findings and recommendations to be supported by the record and by proper 4 analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed January 2, 2008, are adopted in full; 7 2. Defendants’ motion for summary judgment, filed on April 5, 2007, is granted; 8 9 10 and 3. This action is dismissed. Dated: February 1, 2008 11 12 13 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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