(PC) Benyamini v. Swett et al, No. 2:2013cv00735 - Document 63 (E.D. Cal. 2015)
Court Description: ORDER ADOPTING 57 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Kimberly J. Mueller on 9/23/2015. Defendant's 37 Motion for Summary Judgment is DENIED. (Marciel, M)
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(PC) Benyamini v. Swett et al Doc. 63 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT BENYAMINI, 12 13 14 15 No. 2:13-cv-735-KJM-EFB P Plaintiff, v. ORDER M. SWETT, et al., Defendants. 16 17 Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 14, 2015, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the court finds the findings and recommendations to be supported by the record and by 28 the proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 14, 2015, are adopted in full; and 3 2. Defendants’ motion for summary judgment (ECF No. 37) is denied. 4 DATED: September 23, 2015. 5 6 UNITED STATES DISTRICT JUDGE 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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