-GGH (TEMP)(PC) McDowell v. Bishop, et al, No. 2:2006cv02145 - Document 129 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 4/8/11 ORDERING the findings and recommendations 118 ADOPTED IN FULL; the findings and recommendations 124 are ADOPTED IN FULL; dft Ginder's motion for summary judgment 97 is GRANTED IN PART AND DENIED IN PART; pltf's request for temporary injunction 115 is DENIED. (Carlos, K)
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-GGH (TEMP)(PC) McDowell v. Bishop, et al Doc. 129 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANNY MCDOWELL, 12 13 14 15 Plaintiff, vs. ORDER J. L. BISHOP, et al., Defendants. 16 17 No. 2:06-cv-02145-MCE-GGH (TEMP) P / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 20 On February 9 and March 4, 2011, the magistrate judge filed findings and 21 recommendations herein which were served on all parties and which contained notice to all 22 parties that any objections to the findings and recommendations were to be filed within fourteen 23 days. Plaintiff and Defendant Ginder have 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 4 5 6 7 1. The findings and recommendations filed February 9, 2011 (ECF No. 118) are adopted in full; 2. The findings and recommendations filed March 4, 2011 (ECF No. 124) are adopted in full; 2. Defendant Ginder’s Motion for Summary Judgment (ECF No. 97) is granted in part and denied without prejudice in part; and 3. Plaintiff’s December 27, 2010 “request for temporary injunction” (ECF No. 8 115) is denied without prejudice as to the refiling of a motion concerning denial of the 9 Constitutional right of access to courts with respect to this case - to the extent plaintiff has a 10 11 12 reasonable legal and factual basis for filing such a motion. IT IS SO ORDERED. Dated: April 8, 2011 13 14 15 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 2