IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 14, 2012
THOMAS JOHN HEILMAN, PLAINTIFF,
T. LYONS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: John A. Mendez United States District Court Judge
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.