(PC) Spence v. Kaur et al, No. 2:2016cv01828 - Document 168 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge Troy L. Nunley on 9/19/2022 ADOPTING in FULL 163 Findings and Recommendations. GRANTING 153 Motion for Summary Judgment, and DENYING 165 Request for Judicial Notice. CASE CLOSED (Reader, L)

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(PC) Spence v. Kaur et al Doc. 168 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD SPENCE, 12 No. 2:16-cv-01828-TLN-KJN Plaintiff, 13 v. 14 G. KAUR, et al., 15 ORDER Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, 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. 20 On July 12, 2022, the magistrate judge filed findings and recommendations herein 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 twenty-one days. (ECF No. 163.) Plaintiff 23 filed objections to the findings and recommendations. (ECF No. 164.) Plaintiff also filed a 24 request for judicial notice. (ECF No. 165.) Defendants filed a response. (ECF No. 166.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed July 12, 2022 (ECF No. 163), are 3 ADOPTED in full; 4 2. Defendants’ Motion for Summary Judgment (ECF No. 153) is GRANTED; and 5 3. Plaintiff’s Request for Judicial Notice (ECF No. 165) is DENIED. 6 DATED: September 19, 2022 7 8 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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