-CKD (PC) Kirk v. Richards, No. 2:2010cv00373 - Document 48 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 41 FINDINGS AND RECOMMENDATIONS in full signed by Judge Garland E. Burrell, Jr. on 09/05/11 and ORDERING that plf's 19 Motion for Summary Judgment is DENIED. (Benson, A.)

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-CKD (PC) Kirk v. Richards Doc. 48 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY W. KIRK, 11 12 13 14 Plaintiff, vs. T. RICHARDS, Defendant. 15 16 No. CIV S-10-0373 GEB CKD P ORDER / 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 July 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 twenty-one days. Plaintiff has filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 8, 2011, are adopted in full; and 3 2. Plaintiff’s motion for summary judgment (Docket No. 19) is denied. 4 Dated: September 5, 2011 5 6 7 GARLAND E. BURRELL, JR. United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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