(PC) Walker v. CA Dept of Corrections & Rehabilitation, et al, No. 2:2009cv00569 - Document 92 (E.D. Cal. 2018)

Court Description: AMENDED ORDER signed by Senior Judge William B. Shubb on 4/11/2018 VACATING 90 Order and 91 Judgment. The 86 Findings and Recommendations are ADOPTED in Full and Defendants' 60 Motion for Summary Judgment is GRANTED. (Fabillaran, J)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 K. JAMEL WALKER, 12 13 14 15 16 No. 2: 09-cv-0569 WBS KJN P Plaintiff, v. AMENDED ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendant. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On February 26, 2018, the magistrate judge filed findings and recommendations herein 22 which were served on plaintiff and which contained notice to plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. (ECF No. 86.) On March 24 16, 2018, plaintiff was granted a ten days extension of time to file his objections. (ECF No. 88.) 25 On March 30, 2018, the undersigned issued an order adopting the findings and 26 recommendations and judgment was entered. (ECF Nos. 90, 91.) The March 30, 2018 order 27 stated that plaintiff did not file objections. (ECF No. 90.) However, pursuant to the mailbox rule, 28 plaintiff filed timely objections on March 23, 2018. (ECF No. 89.) 1 1 Good cause appearing, the judgment is vacated and the undersigned considers plaintiff’s 2 objections. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, 3 this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 4 the court finds the findings and recommendations to be supported by the record and by proper 5 analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The March 30, 2018 order and judgment (ECF Nos. 90, 91) are vacated; 8 2. The findings and recommendations filed February 26, 2018 (ECF No. 86) are adopted 9 10 11 in full; and 3. Defendants’ motion for summary judgment (ECF No. 60) is granted. Dated: April 11, 2018 12 13 14 15 Walk569.jo(2) 16 17 18 19 20 21 22 23 24 25 26 27 28 2