(PC) Swearington v. Wedell, et al, No. 2:2006cv01407 - Document 94 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr. on 12/9/2010 ADOPTING 92 Findings and Recommendations in full. Dft Weiner's 61 Motion for Summary Judgment is GRANTED. Dft Weiner is DISMISSED from this action. (Zignago, K.)
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(PC) Swearington v. Wedell, et al Doc. 94 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DWAYNE SWEARINGTON, 11 12 13 14 Plaintiff, vs. DR. WEDELL, et al., Defendants. 15 16 No. CIV S-06-1407 GEB KJM 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 October 20, 2010, 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-one days. 22 Plaintiff 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 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 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 October 20, 2010, are adopted in full; 3 2. Defendant Weiner’s motion for summary judgment (docket no. 61) is granted; 4 5 6 and 3. Defendant Weiner is dismissed from this action. Dated: December 9, 2010 7 8 9 GARLAND E. BURRELL, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2