Kunkel v. Dill et al

Filing 178

ORDER Adopting FINDINGS AND RECOMMENDATIONS Recommending Granting Defendant Zamora's Motion For Summary Judgment (ECF No. 175 ), signed by District Judge Lawrence J. O'Neill on 1/7/2013. The Clerk of the Court is directed to enter judgment in favor of Defendant Zamora and against Plaintiff Patrick Dunkel. This action is now proceeding against Defendants Garcia, Robaina, Dileo and Mackey for deliberate indifference in violation of the Eighth Amendment. (Fahrney, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

PATRICK KUNKEL,

10
11

CASE NO. 1:09-cv-00686-LJO-BAM PC
Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
GRANTING DEFENDANT ZAMORA’S
MOTION FOR SUMMARY JUDGMENT
(ECF No. 175)

v.

12
N. DILL, et al.,
13
Defendants.
14

/

15
Plaintiff Patrick Kunkel (“Plaintiff”) is a state prisoner proceeding pro se and in forma
16
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United
17
States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
18
On November 19, 2012, the Magistrate Judge issued findings and recommendations that
19
Defendant Sharon Zamora’s motion for summary judgment be GRANTED. The findings and
20
recommendations were served on the parties and contained notice that any objections were to be filed
21
within thirty days.

On December 20, 2012, Plaintiff filed objections to the findings and

22
recommendations. (ECF No. 176.) Defendant Zamora filed a reply to the objections on December
23
28, 2012. (ECF No. 177.)
24
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a
25
de novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s
26
objections and Defendant’s reply, the Court finds that the findings and recommendations are
27
supported by the record and by proper analysis.
28
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

3

The findings and recommendations issued on November 19, 2012, are adopted in
full;

4

2.

Defendant Zamora’s motion for summary judgment is GRANTED;

5

3.

The Clerk of the Court is directed to enter judgment in favor of Defendant Zamora

6

and against Plaintiff Patrick Dunkel; and

7

4.

8

This action is now proceeding against Defendants Garcia, Robaina, Dileo and
Mackey for deliberate indifference in violation of the Eighth Amendment.

9
10

IT IS SO ORDERED.

11

Dated:

January 7, 2013

/s/ Lawrence J. O'Neill
B9ed48
UNITED STATES DISTRICT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2