Opinion
Case No. C10-5711RJB/JRC.
July 19, 2011
ORDER ADOPTING A REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Richard Creatura, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
1. The Court adopts the Report and Recommendation (Dkt. 43);
2. Defendant's motion for summary judgment (Dkt. 36) is GRANTED. Defendants are not liable for the alleged acts of assigned counsel, or for the actions of employees when no unconstitutional custom or policy has been shown;
3. In forma pauperis status on appeal is revoked; and
4. The Clerk is directed to send a copy of this Order to plaintiff, and to the Hon. J. Richard Creatura.