(PC) Benyamini v. Blackburn et al, No. 2:2013cv00205 - Document 74 (E.D. Cal. 2015)

Court Description: ORDER signed by Chief Judge Morrison C. England, Jr on 11/10/2015 ADOPTING in full the 73 findings and recommendations ; and defendants' 45 motion for summary judgment is DENIED.(Yin, K)

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(PC) Benyamini v. Blackburn et al Doc. 74 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT BENYAMINI, 12 Plaintiff, 13 14 No. 2:13-cv-0205 MCE AC (P) v. ORDER M. BLACKBURN and J. MARZAN, 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 September 30, 2015, the magistrate judge filed Findings and Recommendations herein 20 21 (ECF No. 73) which were served on all parties and which contained notice that any objections to 22 the Findings and Recommendations were to be filed within fourteen days. Neither Plaintiff nor 23 Defendants have filed objections to the Findings and Recommendations. The Court has reviewed the file and finds the Findings and Recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 /// 28 /// 1 Dockets.Justia.com 1 2 1. The Findings and Recommendations filed September 30, 2015 (ECF No. 73), are ADOPTED IN FULL; and 3 2. Defendants’ Motion for Summary Judgment (ECF No. 45) is DENIED. 4 IT IS SO ORDERED. 5 Dated: November 10, 2015 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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