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Collins v. Mendoza-Powers

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 25, 2009

MICHAEL J. COLLINS, PLAINTIFF,
v.
KATHY MENDOZA-POWERS; JEANNE WOODFORD; WILLIAM MCGUINNESS, M.D.; SAMPATH KUMAR SURYADEVARA, M.D.; S. MADRUGA DEFENDANTS.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS

ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE

ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, CONTAINED IN THEIR OPPOSITION, WITHOUT PREJUDICE (Doc. 31, 40)

Plaintiff Michael J. Collins is a state prisoner, proceeding pro se, and in forma pauperis in this civil rights action filed on November 9, 2006.

On February 23, 2009, the Magistrate Judge issued Findings and Recommendation recommending that the Plaintiff's Motion for Summary Judgment be denied without prejudice. The Findings and Recommendation further recommended that the Defendant's Motion for Summary Judgment be denied without prejudice. The Findings and Recommendation was served on all parties and contained notice that any objections were to be filed within fifteen (15) days. No party has filed objections.

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the Findings and Recommendation is supported by the record and proper analysis.

Accordingly, the court ORDERS that:

1. Plaintiff's motion for summary judgment, filed August 14, 2008, 2008, is DENIED WITHOUT PREJUDICE;

2) Defendants' motion for summary judgment contained within their opposition filed September 5, 2008 is DENIED WITHOUT PREJUDICE.

IT IS SO ORDERED.

20090325

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