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Thomas John Heilman v. T. Lyons

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


June 14, 2012

THOMAS JOHN HEILMAN, PLAINTIFF,
v.
T. LYONS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Court 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 February 3, 2012, 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. After receiving extensions of time, plaintiff filed objections*fn1 to the findings and recommendations on May 3, 2012; defendants filed a reply on May 15, 2012.

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.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed February 3, 2012 (dkt. no. 81), are adopted in full;

2. Defendants' August 4, 2011 cross-motion for summary judgment (dkt. no. 58) is granted as to defendants Echeverria, Lyons and Esberto; and

3. Plaintiff's July 20, 2011 motion for summary judgment (dkt. no. 54), is denied.


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