(PC) Stribling v. Lewis, No. 2:2017cv02009 - Document 35 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 9/27/2019 ADOPTING the findings and recommendations filed 7/25/2019, in full; GRANTING Defendant's motion for summary judgment (ECF No. 26 ); DISMISSING this action without prejudice; and DIRECTING the Clerk to close this case. CASE CLOSED. (Becknal, R)

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(PC) Stribling v. Lewis Doc. 35 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AARON LAMONT STRIBLING, 12 Plaintiff, 13 14 No. 2:17-cv-2009-KJM-EFB P v. ORDER LEWIS, 15 Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 25, 2019, the magistrate judge filed findings and recommendations, which were 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the 23 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 reviewed the pleadings and the record 26 as relevant to the pending motion, the court finds the findings and recommendations to be 27 supported by the record and by proper analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 25, 2019, are adopted in full; 3 2. Defendant’s motion for summary judgment (ECF No. 26) is GRANTED; 4 3. This action is DISMISSED without prejudice; and 5 4. The Clerk of Court is directed to close this case. 6 DATED: September 27, 2019. 7 8 UNITED STATES DISTRICT JUDGE 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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