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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
TONY HERNANDEZ,
12
Plaintiff,
13
v.
14
A. MARTINEZ,
15
Defendant.
16
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
17
18
)
)
)
)
)
)
)
)
)
)
pursuant to 42 U.S.C. § 1983.
19
The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §
20
636(b)(1)(B) and Local Rule 302. On April 11, 2016 the Magistrate Judge filed a Findings and
21
Recommendations recommending denial of Defendant Martinez’s motion for summary judgment.
22
The Findings and Recommendations were served on the parties and contained notice that objections to
23
the Findings and Recommendations were to be filed within thirty days. The thirty day time frame has
24
expired and no objections were filed.
25
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de
26
novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and
27
Recommendations to be supported by the record and by proper analysis.
28
///
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1.
The Findings and Recommendations, filed on April 11, 2016, are adopted in full;
3
2.
Defendant Martinez’s motion for summary judgment is DENIED; and
4
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.
5
6
7
8
9
IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
May 25, 2016
UNITED STATES CHIEF DISTRICT JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?