(PC) Walker v. Felker, No. 2:2007cv01323 - Document 83 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge William B. Shubb on 9/30/2010 ORDERING that the 82 findings and recommendations filed August 30, 2010, are adopted in full. Plaintiff's 80 May 6, 2010 request to file a supplemental opposition is DENIED. Defendant Cox 's 60 December 22, 2009 motion for summary judgment is DENIED. Plaintiff's March 1, 2010 request to dismiss defendant Dial, is construed as a statement of non-opposition to Dial's motion for summary judgment, and summary judgment is granted in favor of defendant Dial.(Duong, D)
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(PC) Walker v. Felker Doc. 83 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARQUIS VERNARD WALKER, Plaintiff, 11 12 vs. 13 No. CIV S-07-1323 WBS EFB P T. FELKER, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 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 Rule 302. On August 30, 2010, the magistrate judge filed findings and recommendations 19 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 fourteen days. Neither 22 party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed August 30, 2010, are adopted in full; 2 2. Plaintiff’s May 6, 2010 request to file a supplemental opposition is denied; 3 3. Defendant Cox’s December 22, 2009 motion for summary judgment is denied; 4 4. Plaintiff’s March 1, 2010 request to dismiss defendant Dial, is construed as a 5 statement of non-opposition to Dial’s motion for summary judgment, and summary judgment is 6 granted in favor of defendant Dial. 7 DATED: September 30, 2010 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2