(PC) Smith v. Kiesz et al, No. 2:2011cv01918 - Document 75 (E.D. Cal. 2014)

Court Description: ORDER adopting 73 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 3/17/14 DENYING Defendant Kiesz's 43 Motion for Summary Judgment. (Manzer, C)
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(PC) Smith v. Kiesz et al Doc. 75 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID SMITH, 12 Plaintiff, 13 14 No. 2:11-cv-1918 JAM CKD P v. ORDER KIESZ, et al., 15 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 pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 17, 2014, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Defendants have filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 17, 2014 are adopted in full; and 3 2. Defendant Kiesz’s motion for summary judgment (ECF No. 43) is denied. 4 DATED: March 17, 2014 5 /s/ John A. Mendez_____________________ 6 United States District Court Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2