(PC) Broadway vs. Felkner, et al, No. 2:2006cv01482 - Document 114 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 4/3/09 ORDERING the Findings and Recommendations 109 are ADOPTED IN FULL; the motion for summary judgment 99 by dfts Sisto and Barnes is GRANTED; the motion for summary judgment 67 by dfts Townsend and Dangler is DENIED. (K, Carlos)

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(PC) Broadway vs. Felkner, et al Doc. 114 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFERY BROADWAY, 11 Plaintiff, 12 vs. 13 No. CIV S-06-1482 MCE KJM P T. FELKER, et al., 14 Defendants. 15 16 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 March 17, 2009, 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. Defendants 22 have 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 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire 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 March 17, 2009, are adopted in full; 3 2. The motion for summary judgment filed by defendants Sisto and Barnes 4 5 6 7 (Docket No. 99) is granted; and 3. The motion for summary judgment filed by defendants Townsend and Dangler (Docket No. 67 ) is denied. Dated: April 3, 2009 8 9 10 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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