(PC) Hernandez v. Duc.M et al, No. 2:2006cv01251 - Document 45 (E.D. Cal. 2008)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 2/5/2008 re findings and recommendations filed 11/28/2007; and Dft Allen's 4/13/2007 motion for summary judgment is GRANTED and this action is dismissed. CASE CLOSED, Civil Case Terminated. (Matson, R)

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(PC) Hernandez v. Duc.M et al Doc. 45 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK A. HERNANDEZ, 11 12 13 14 Plaintiff, vs. VUONG M. DUC, et al., Defendants. 15 16 2:06-cv-1251-GEB-DAD-P ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On November 28, 2007, 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. On 22 December 19, 2007, plaintiff was granted an additional thirty days to file objections. The time 23 period has expired and 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 1. The findings and recommendations filed November 28, 2007, are adopted in full; and 2. Defendant Allen’s April 13, 2007 motion for summary judgment is granted and 4 this action is dismissed. 5 Dated: February 5, 2008 6 7 8 GARLAND E. BURRELL, 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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