Allen v. Rivera

Full title: CEDRIC R. ALLEN, Plaintiff, v. J. RIVERA, et al., Defendants.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Jun 26, 2013

Case No. 1:05-cv-00146-AWI-SAB (E.D. Cal. Jun. 26, 2013)

Opinion

Case No. 1:05-cv-00146-AWI-SAB

06-26-2013

CEDRIC R. ALLEN, Plaintiff, v. J. RIVERA, et al., Defendants.

ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS RECOMMENDING

DENYING DEFENDANTS' MOTION FOR

SUMMARY JUDGMENT

(ECF Nos, 53 & 73)

Plaintiff Cedric R. Allen is a state prisoner appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

Currently before the Court is Defendants' motion for summary judgment. (ECF No. 53.) On May 1, 2013, the Magistrate Judge issued a findings and recommendations recommending denying Defendants' motion for summary judgment. (ECF No. 73.) The parties did not file any objections to the findings and recommendations.

Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and by proper analysis.

Accordingly, it is HEREBY ORDDERED that:

1. The Court adopts the findings and recommendations filed on May 1, 2013, in full; and
2. This matter is referred back to the Magistrate Judge to set this matter for trial.

IT IS SO ORDERED.

_________________

SENIOR DISTRICT JUDGE