Samuels v. Adame et al

Filing 65

ORDER ADOPTING 63 Findings and Recommendations and DENYING Defendants' Motions for Summary Judgment 44 & 50 , signed by Chief Judge Anthony W. Ishii on 9/20/2012. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERT EARL SAMUELS,

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CASE NO. 1:09-cv-01320-AWI-DLB PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS’ MOTIONS FOR
SUMMARY JUDGMENT (ECF No. 63)

v.
G. ADAME, et al.,
Defendants.

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/

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Plaintiff Robert Earl Samuels (“Plaintiff”) is a California state prisoner proceeding pro se in

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this civil rights action pursuant to 42 U.S.C. § 1983. On February 6, 2012, Defendant Farnsworth

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filed a motion for summary judgment. ECF No. 44. On February 27, 2012, Defendants G. Adame,

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P. Gentry, B. Medrano, R. Nicholas, F. Rivera, E. Sailer, and D. Snyder filed a motion for summary

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judgment. ECF No. 50. The matter was referred to a United States Magistrate Judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 22, 2012, the Magistrate Judge filed a Findings and Recommendations which was

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served on the parties and which contained notice to the parties that any objection to the Findings and

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Recommendations was to be filed within fourteen days. ECF No. 63. 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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1.

The Findings and Recommendations, filed August 22, 2012, is adopted in full;

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2.

Defendants’ motions for summary judgment, filed February 6, 2012, and February

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27, 2012, are denied; and
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The matter is referred to the Magistrate Judge for trial setting proceedings.

IT IS SO ORDERED.
Dated:
0m8i78

September 20, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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