(PC) Lee v. Carey et al, No. 2:2006cv00813 - Document 48 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS IN FULL 44 signed by Judge Frank C. Damrell, Jr on 4/2/09: Defendant's motion for summary judgment is denied without prejudice 33 . Plaintiff shall file an opposition to defendants' March 24, 2009 motion for summary judgment within thirty days. Plaintiff's motion for leave to file an amended complaint is denied. (Kaminski, H)

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(PC) Lee v. Carey et al Doc. 48 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GEORGE LEE, Plaintiff, 11 vs. 12 13 No. CIV S-06-0813 FCD KJM P THOMAS CAREY, et al., ORDER / 14 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 15 16 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 17 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 18 On February 19, 2009, the magistrate judge filed findings and recommendations 19 herein which were served on all parties. Neither party has filed objections to the findings and 20 recommendations. The court has reviewed the file and finds the findings and recommendations to be 21 22 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 23 ORDERED that: 1. The findings and recommendations filed February 19, 2009, are adopted in 24 25 full; 26 ///// 1 Dockets.Justia.com 1 2. Defendant’s motion for summary judgment (#33) is denied without prejudice; 2 3. Plaintiff shall file an opposition to defendants’ March 24, 2009 motion for 3 4 5 summary judgment within thirty days; and 4. Plaintiff’s motion for leave to file an amended complaint is denied. Dated: April 2, 2009. 6 7 8 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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