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Holcomb v. High Desert State Prison

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


August 26, 2010

JOHN DURRELL HOLCOMB, PLAINTIFF,
v.
HIGH DESERT STATE PRISON, 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 July 6, 2010, 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-one days. Neither party has filed objections to the findings and recommendations.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed July 6, 2010, are adopted in full;

2. Defendants' motion for enforcement of the parties' settlement agreement (#157) is denied and the settlement agreement is voided; and

3. Trial is set for December 7, 2010 at 10:30 a.m., in courtroom no. 4 before the Honorable Lawrence K. Karlton with a trial confirmation hearing set from September 13, 2010 at 11:15 a.m.

20100826

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