(PC) Miner v. Rudas et al, No. 2:2017cv01896 - Document 56 (E.D. Cal. 2021)

Court Description: ORDER signed by Senior Judge Morrison C. England, Jr. on 3/31/2021 ADOPTING IN FULL 36 Findings and Recommendations; GRANTING 29 Motion for Summary Judgment and DENYING AS MOOT 26 Motion for Settlement Conference. The Clerk of Court is DIRECTED to enter judgment in defendants' favor. CASE CLOSED. (Tupolo, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY MINER, 12 Plaintiff, 13 14 No. 2:17-cv-01896-MCE-JDP (PC) v. ORDER W. DAVID SMILEY, et al., 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 February 12, 2020, 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. None of the parties have 23 filed 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 file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 12, 2020, are adopted in full; and 3 2. Defendants’ motion for summary judgment (ECF No. 29) is granted; 4 3. Plaintiff’s motion for settlement conference (ECF No. 26) is denied as moot; and 5 4. The Clerk of Court is directed to enter judgment in defendants’ favor and close the 6 7 case. IT IS SO ORDERED. 8 9 Dated: March 31, 2021 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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