-JFM (PC) Cyprian v. Givens et al, No. 2:2009cv02704 - Document 72 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 7/22/2011 adopting 64 FINDINGS AND RECOMMENDATIONS in full; GRANTING 33 Motion for Summary Judgment by defendant Newman. (Waggoner, D)

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-JFM (PC) Cyprian v. Givens et al Doc. 72 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAWRENCE CYPRIAN, 11 Plaintiff, 12 No. 2:09-cv-2704 JAM JFM (PC) vs. 13 DERRICK GIVENS, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, 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 June 8, 2011, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 22 objections to the findings and recommendations and defendant Newman has filed a response to 23 the objections. 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 entire 26 ///// 1 Dockets.Justia.com 1 file, the court finds the findings and recommendations to be supported by the record and by 2 proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed June 8, 2011, are adopted in full; and 5 2. Defendant Newman’s December 7, 2010 motion for summary judgment is 6 granted. 7 DATED: July 22, 2011 8 9 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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