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Schilling v. Schwartz

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 13, 2009

DARRYL W. SCHILLING, PLAINTIFF,
v.
THERESA SCHWARTZ, WARDEN, ET AL., DEFENDANTS.

ORDER

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 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 General Order No. 262.

On February 19, 2009, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. Defendants have filed objections to the findings and recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, this 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 ORDERED that:

1. The findings and recommendations filed February 19, 2009, are adopted in full;

2. Defendants' April 16, 2008 motion for summary judgment is granted in part and denied in part;

3. Summary judgment is granted for defendants Regacho and Bick;

4. Summary judgment is denied for defendants Coy, Haile, McAllister and Kofoed; and

5. This matter is referred back to the magistrate judge for further pretrial proceedings.

20090313

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