Hernandez v. Yates et al

Filing 76

ORDER ADOPTING 75 FINDINGS AND RECOMMENDATIONS and ORDER DENYING Defendant's 66 Motion for Summary Judgment ; Court will Issue a Seperate Scheduling Order Setting this case for Trial, signed by Chief Judge Lawrence J. O'Neill on 05/25/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY HERNANDEZ,

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Plaintiff,

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v.

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A. MARTINEZ,

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Defendant.

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Case No.: 1:10-cv-01064-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT

Plaintiff Tony Hernandez is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302. On April 11, 2016 the Magistrate Judge filed a Findings and

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Recommendations recommending denial of Defendant Martinez’s motion for summary judgment.

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The Findings and Recommendations were served on the parties and contained notice that objections to

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the Findings and Recommendations were to be filed within thirty days. The thirty day time frame has

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expired and no objections were filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the 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 on April 11, 2016, are adopted in full;

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Defendant Martinez’s motion for summary judgment is DENIED; and

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3.

The Court will issue a separate scheduling order setting this case for trial before the
undersigned on Plaintiff’s excessive force claim against Defendant Martinez.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 25, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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