(PC) Munson v. State of California, No. 2:2009cv00478 - Document 51 (E.D. Cal. 2012)

Court Description: ORDER signed by Judge John A. Mendez on 10/24/2012 ADOPTING 44 Findings and Recommendations in full; GRANTING 38 Motion for Summary Judgment as to Plaintiff's claims that the CMF shower facilities and canteen services violated the ADA and RA; OTHERWISE DENYING 38 Motion for Summary Judgment. (Michel, G)

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(PC) Munson v. State of California Doc. 51 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH MUNSON, 11 Plaintiff, 12 13 14 vs. STATE OF CALIFORNIA, Defendant. 15 16 No. 2:09-cv-0478 JAM EFB P ORDER / Plaintiff, a state prisoner proceeding with counsel, 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 Rule 302. 19 On August 8, 2012, 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 fourteen days. 22 Defendants have filed objections to the findings and recommendations and plaintiff has filed a 23 response thereto. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304, this court has conducted a de novo review of this case. Having carefully reviewed the 26 entire file, the court finds the findings and recommendations to be supported by the record and by 1 Dockets.Justia.com 1 proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed August 8, 2012, are adopted in full; 4 and 5 2. The October 28, 2011 motion for summary judgment filed by defendant is 6 granted as to plaintiff’s claims that the CMF shower facilities and canteen services violated the 7 ADA and RA and otherwise denied. 8 DATED: 9 October 24, 2012 /s/ John A. Mendez UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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