Simmons v. Hedgpeth

Filing 244

ORDER re 243 Defendants' Request for Clarification Filed 11/22/2017, signed by Magistrate Judge Stanley A. Boone on 11/27/17. (Gonzalez, R)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 CHRISTOPHER I. SIMMONS, Plaintiff, 7 8 v. 9 GRISSOM, et al., Defendants. 10 11 ) ) ) ) ) ) ) ) ) ) Case No.: 1:07-cv-01058-DAD-SAB (PC) ORDER REGARDING DEFENDANTS’ REQUEST FOR CLARIFICATION FILED NOVEMBER 22, 2017 (ECF No. 243) 12 Plaintiff Christopher I. Simmons is appearing pro se and in forma pauperis in this civil rights 13 14 action pursuant to 42 U.S.C. § 1983. On November 22, 2017, Defendants Grissom, Keiley, Rients and St. Lucia filed a request for 15 16 17 18 19 20 21 clarification regarding the Findings and Recommendations issued this same date. (ECF No. 243.) Defendants correctly point out that one portion of the Findings and Recommendations incorrectly states that their motion for summary judgment should be denied, but the actual recommendation is to grant Defendants’ motion. Accordingly, for purposes of clarification, the Findings and Recommendations, in its entirety, should recommend that Defendants’ motion for summary judgment be granted. Plaintiff also alleges that Defendant Akanno withheld pain medication from Plaintiff in 22 23 retaliation for filing a grievance in October 2007 about his medical treatment. 24 25 26 IT IS SO ORDERED. Dated: November 27, 2017 UNITED STATES MAGISTRATE JUDGE 27 28 1

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