-CMK (TEMP)(PC) Abdullah v. California Department of Corrections, et. al., No. 2:2006cv02378 - Document 63 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 2/4/11 ORDERING 58 Findings and Recommendations are adopted in full; 46 Motion for Summary Judgment is granted as to the incident of 6/3/03, but denied as to the incidents of 5-29-03 and 06/02/03. Plaintiff shall file his pretrial statement within 30 days if this Order being filed. Defendant shall file his pretrial statement within 14 days of service of plaintiff's. (Matson, R)

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-CMK (TEMP)(PC) Abdullah v. California Department of Corrections, et. al. Doc. 63 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 IBRAHIM ABDULLAH, 12 13 14 15 Plaintiff, vs. ORDER CDC, et al., Defendants. 16 17 No. 2:06-cv-02378 MCE CMK (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 November 19, 2010, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within twenty-one days. Neither 23 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 1. The findings and recommendations filed November 19, 2010 are adopted in full; 3 2. Defendant Cunningham’s motion for summary judgment (ECF No. 46) is 4 granted as to the incident of June 3, 2003, but denied as to the incidents of May 29 and June 2, 5 2003. 6 3. Plaintiff shall file his pretrial statement within thirty days of this Order being 7 electronically filed. Defendant shall file his pretrial statement within fourteen days of service of 8 plaintiff’s. 9 10 IT IS SO ORDERED. Dated: February 4, 2011 11 12 13 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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