(PC) Gastile v. Virga et al, No. 2:2011cv02829 - Document 60 (E.D. Cal. 2015)
Court Description: ORDER signed by Judge John A. Mendez on 6/9/2015 FINDINGS AND RECOMMENDATIONS 58 are ADOPTED in FULL; Defendants' 56 motion to enforce the settlement agreement, is GRANTED; Defendants are directed to tender the filing fee for this action to the Clerk of the Court; Upon receipt of the filing fee, this action will be dismissed with prejudice. The dismissal with prejudice will constitute an adjudication on the merits. Fed. R. Civ. P. 41(b). (Reader, L)
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(PC) Gastile v. Virga et al Doc. 60 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY L. GASTILE, 12 No. 2:11-cv-2829-JAM-EFB P Plaintiff, 13 v. 14 T. VIRGA, et al., 15 ORDER 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 February 10, 2015, 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. Plaintiff has 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 26 file, the court finds the findings and recommendations to be supported by the record and by 27 proper analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 10, 2015, are adopted in full; 3 2. Defendants’ motion to enforce the settlement agreement, ECF No. 56, is granted; 4 3. Defendants are directed to tender the filing fee for this action to the Clerk of the Court; 5 4. Upon receipt of the filing fee, this action will be dismissed with prejudice. The 6 7 8 9 10 dismissal with prejudice will constitute an adjudication on the merits. Fed. R. Civ. P. 41(b). So ordered DATED: June 9, 2015 /s/ John A. Mendez_________________________ UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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