Young v. Danielson

Full title: MALCOLM ANDRE YOUNG, Plaintiff, v. ROBERT A. DANIELSON, et. al. Defendants

Court: United States District Court, E.D. California

Date published: Nov 1, 2005

No. CV F 02 5003 REC SMS P (E.D. Cal. Nov. 1, 2005)

Opinion

No. CV F 02 5003 REC SMS P.

November 1, 2005

ORDER GRANTING MOTION FOR SUMMARY JUDGEMENT AGAINST DEFENDANT HUTTON (Doc. 82.) ORDER DISMISSING DEFENDANT HUTTON AND CLAIMS AGAINST DEFENDANT HUTTON FROM ACTION.

ROBERT COYLE, District Judge

Malcolm Andre Young ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.

On August 31, 2005, Defendant Hutton filed a Motion for Summary Judgment.¹ Pursuant to Local Rule 78-230(c), a responding party who has no opposition to the granting of the Motion shall file a statement to that effect. Local Rule 78-230(c). On September 28, 2005, Plaintiff filed a Statement of Non-Opposition to Defendant Hutton's Motion for Summary Judgment. Accordingly, in light of Plaintiff's non-opposition to the Motion for Summary Judgment filed by Defendant Hutton, the Court HEREBY ORDERS:

1 Defendants Doser, Walters, Ortiz and Moor each filed separate Motions for Summary Judgment that are currently pending before the Court.

1. The Motion for Summary Judgment filed by Defendant Hutton on August 31, 2005, is GRANTED;

2. Defendant Hutton and the claims against him are DISMISSED from this action.

IT IS SO ORDERED.