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Rouser v. Rutherford

September 21, 2010

WILLIAM ROUSER, PLAINTIFF,
v.
K. RUTHERFORD, ET AL., DEFENDANTS.



The opinion of the court was delivered by: John A. Mendez United States District Judge

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 Rule 302.

On June 29, 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 fourteen days. Plaintiff has filed objections to the findings and recommendations and defendants filed a reply.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 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.*fn1

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed June 29, 2010, are adopted in full;

2. Plaintiff's April 6, 2009, motion for summary judgment (Doc. 32) is denied; and

3. Defendants' December 28, 2009, motion for summary judgment (Doc. 59), is granted ...


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