(PC) Navarro v. Herdon et al, No. 2:2009cv01878 - Document 156 (E.D. Cal. 2015)

Court Description: ORDER signed by Judge Kimberly J. Mueller on 3/18/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 2/9/15 154 are ADOPTED in full; Defendants' MOTION for Summary Judgment 147 is DENIED in its entirety.(Mena-Sanchez, L)

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(PC) Navarro v. Herdon et al Doc. 156 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARIO NAVARRO, 12 13 14 15 No. 2:09-cv-1878 KJM KJN P Plaintiff, v. ORDER DEBRA HERNDON, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 9, 2015, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the court finds the findings and recommendations to be supported by the record and by 28 the proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 9, 2015, are adopted in full. 3 2. Defendants’ motion for summary judgment (ECF No. 147) is denied in its entirety. 4 DATED: March 18, 2015. 5 6 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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