-CKD (PC) Billingsley v. Solano County Jail Medical Staff, No. 2:2008cv03048 - Document 36 (E.D. Cal. 2011)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 8/24/11: 34 The findings and recommendations filed June 3, 2011, are adopted, except that plaintiff shall appear in person at the final pretrial conference on September 7, 2011 at 11:00 a.m. The motion for summary judgment is denied 29 . Trial set for 11/7/2011 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Kaminski, H)

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-CKD (PC) Billingsley v. Solano County Jail Medical Staff Doc. 36 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL ANTHONY BILLINGSLEY, Plaintiff, 11 vs. 12 13 No. CIV S-08-3048 KJM CKD P KADAVARI, et al., Defendants. 14 ORDER / 15 Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights 16 17 action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 18 Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and this court’s Local Rules. On June 3, 2011, the magistrate judge filed findings and recommendations, which 19 20 were served on all parties and which contained notice to all parties that any objections to the 21 findings and recommendations were to be filed within fourteen days. Neither party has filed 22 objections to the findings and recommendations. The court presumes that any findings of fact are correct. See Orand v. United 23 24 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 25 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 26 ///// 1 Dockets.Justia.com 1 1983). Having carefully reviewed the file, the court finds the findings and recommendations to 2 be supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed June 3, 2011, are adopted, except that 5 plaintiff shall appear in person at the final pretrial conference on September 7, 2011 at 6 11:00 a.m.; 7 2. The motion for summary judgment (Docket No. 29) is denied; and 8 3. Trial of this case is set for November 7, 2011, at 9:00 a.m. before District 9 10 Judge Kimberly J. Mueller, Courtroom No. 3. DATED: August 24, 2011. 11 12 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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