Opinion
CASE NO. C06-0798-JCC.
October 30, 2007
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
The Court, having reviewed the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, any objections thereto, and the balance of the record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation (Dkt. No. 69);
(2) Plaintiff's motion for summary judgment (Dkt. No. 52) is GRANTED;
(3) Defendant's motion for summary judgment (Dkt. No. 64) is DENIED; and
(4) The Clerk is directed to appoint counsel from the Pro Bono Panel to represent Plaintiff, pursuant to 28 U.S.C. § 1915(e). The Clerk is further directed to send copies of this Order to Plaintiff, to counsel of record, and to Judge Theiler.