(PC) Kirk v. Heinrich et al, No. 2:2011cv00323 - Document 44 (E.D. Cal. 2012)
Court Description: ORDER signed by Judge William B. Shubb on 11/16/2012 FINDINGS AND RECOMMENDATIONS 42 are ADOPTED in FULL; Defendants' 37 Motion for Summary Judgment is GRANTED as to Defendant Salinas and DENIED as to Defendant Heinrich.(Reader, L)
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(PC) Kirk v. Heinrich et al Doc. 44 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 Plaintiff, 12 vs. 13 No. 2:11-cv-0323 WBS EFB P HEINRICH, 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 October 18, 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 from the 22 date the findings and recommendations were served. Plaintiff has filed objections to the findings 23 and recommendations. 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 October 18, 2012 are adopted in full; 5 2. Defendants’ August 23, 2012 motion for summary judgment (Dckt. No. 37) is 6 7 granted as to defendant Salinas and denied as to defendant Heinrich. DATED: November 16, 2012 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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