Hamilton v. Hart et al

Filing 78

ORDER ADOPTING 75 FINDINGS AND RECOMMENDATIONS; DENYING 41 MOTION FOR SUMMARY JUDGMENT AND ORDERING DEFENDANTS TO FILE ANSWER TO COMPLAINT signed by District Judge Dale A. Drozd on 8/18/2016. (Filing Deadline: 9/21/2016). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS L. HAMILTON,

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No. 1:10-cv-00272-DAD-EPG

Plaintiff,
v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

JOHN HART et al.,
(Doc. No. 75)
Defendants.

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ORDER DENYING DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT

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(Doc. No. 41)

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ORDER FOR DEFENDANTS TO FILE
ANSWER TO COMPLAINT WITHIN
THIRTY DAYS

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Plaintiff Dennis L. Hamilton is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. ' 1983. The matter was referred to a United States magistrate judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 21, 2016, the assigned magistrate judge issued findings and recommendations,

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recommending that defendants’ motion for summary judgment be denied. (Doc. No. 75.) On

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April 20, 2016, defendants filed objections to the findings and recommendations. (Doc. No. 76.)

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On May 5, 2016, plaintiff filed a reply. (Doc. No. 77.)
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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including defendants’ objections and plaintiff’s reply, the court finds the findings and

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recommendations to be supported by the record and proper analysis.

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Accordingly,

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1. The March 21, 2016 findings and recommendations (Doc. No. 75) are adopted in full;

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2. Defendants’ motion for summary judgment (Doc. No. 41) is denied;

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3. Within thirty days from the date of service of this order, defendants shall file an

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answer to the complaint; and

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4. This case is referred back to the assigned magistrate judge for further proceedings.
IT IS SO ORDERED.
Dated:

August 18, 2016
UNITED STATES DISTRICT JUDGE

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