Thomas v. Garcia et al
Filing
130
ORDER Adopting 129 Findings and Recommendations and Denying Defendants' 115 Motion for Summary Judgment, signed by District Judge Lawrence J. O'Neill on 12/10/12. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JEAN-PIERRE K. THOMAS,
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CASE NO. 1:08-cv-00689-LJO-DLB PC
Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT
v.
M. GARCIA, et al.,
ECF No. 129
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Defendants.
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/
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Plaintiff Jean-Pierre K. Thomas (“Plaintiff”) is a California state prisoner proceeding pro se
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in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s complaint
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against Defendants M. P. Garcia and Bonilla for excessive force in violation of the Eighth
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Amendment. On April 9, 2012, Defendants filed a Motion for Summary Judgment. ECF No. 115.
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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B)
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and Local Rule 302.
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On November 6, 2012, the Magistrate Judge filed a Findings and Recommendations which
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was served on the parties and which contained notice to the parties that any objection to the Findings
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and Recommendations was to be filed within fourteen days. ECF No. 129. No party filed a timely
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Objection to the Findings and Recommendations.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de
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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and
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Recommendations to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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The Findings and Recommendations, filed November 6, 2012, is adopted in full;
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Defendants’ Motion for Summary Judgment, filed April 9, 2012, is denied; and
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The matter is referred to the Magistrate Judge for further proceedings.
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IT IS SO ORDERED.
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Dated:
b9ed48
December 10, 2012
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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