(PC) Rood v. Swarthout, et al., No. 2:2013cv00478 - Document 89 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge John A. Mendez on 12/22/21 ADOPTING 88 Findings and Recommendations in full GRANTING 77 Motion for Summary Judgment; Judgement is entered as a matter of law in favor of Defendants Tan, Fontillas, Hardman, Win, and Braunger ("Carlson"); DISMISSING non-moving Defendants Hannies, Kiesz, and Herhst for failure to effect timely service of process. CASE CLOSED (Benson, A.)

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(PC) Rood v. Swarthout, et al. Doc. 89 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD V. ROOD, 12 Plaintiff, 13 14 No. 2:13-CV-0478-JAM-DMC-P v. ORDER WIN, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. On October 29, 2021, the Magistrate Judge filed findings and recommendations 20 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within the time specified therein. No objections to the findings and recommendations 23 have been filed. The Court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and the Magistrate Judge’s analysis. 26 /// 27 /// 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 29, 2021, are adopted in 2. Moving Defendants’ motion for summary judgment, ECF No. 77, is 3. Judgement is entered as a matter of law in favor of Defendants Tan, 3 full; 4 5 granted; 6 7 Fontillas, Hardman, Win, and Braunger (“Carlson”); 8 9 10 11 4. Non-moving Defendants Hannies, Kiesz, and Herhst are dismissed pursuant to Federal Rule of Civil Procedure 4(m) for failure to effect timely service of process; and 5. The Clerk of the Court is directed to enter judgment and close this file. 12 13 14 Dated: December 22, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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