McMaster v. Spearman et al
Filing
118
ORDER ADOPTING Supplemental 116 Findings and Recommendations, and GRANTING Defendants Garcia and Carlson's Motion for Summary Adjudication on Eighth Amendment Claim, signed by District Judge Anthony W. Ishii on 12/23/15. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DANA MCMASTER,
Plaintiff,
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Case No. 1:10-cv-01407-AWI-SKO (PC)
ORDER ADOPTING SUPPLEMETNAL
FINDINGS AND RECOMMENDATIONS,
AND GRANTING DEFENDANTS GARCIA
AND CARLSON’S MOTION FOR
SUMMARY ADJUDICATION ON EIGHTH
AMENDMENT CLAIM
v.
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M. E. SPEARMAN, et al.,
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Defendants.
(Docs. 65 and 116)
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_____________________________________/
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Plaintiff Dana McMaster, a former state prisoner proceeding pro se and in forma pauperis,
18 filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 6, 2010. This action is
19 currently proceeding on Plaintiff’s Second Amended Complaint, filed January 3, 2013, against
20 Defendants Carlson, Garcia, Sedwick, Espitia, and Pease for failing to protect him, in violation of
21 the Eighth Amendment, and against Defendant Carlson for retaliation, in violation of the First
22 Amendment. The events giving rise to Plaintiff’s claims allegedly occurred between March 7,
23 2009, and April 20, 2009, at Pleasant Valley State Prison in Coalinga, California.
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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §
25 636(b)(1)(B) and Local Rule 302.
On November 23, 2015, the Magistrate Judge filed a
26 Supplemental Findings and Recommendations, which was served on the parties and contained
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1 notice to the parties that any objections were to be filed within twenty days.1 No objections were
2 filed. Local Rule 304(b).
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a
4 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings
5 and 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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The Supplemental Findings and Recommendations, filed on November 23, 2015, is
adopted in full; and
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Defendants Garcia and Carlson’s Motion for Summary Adjudication on the Eighth
Amendment claim against them is GRANTED.
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IT IS SO ORDERED.
13 Dated: December 23, 2015
SENIOR DISTRICT JUDGE
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On November 13, 2014, Defendant Garcia and Carlson’s Motion for Summary Adjudication on the Eighth
Amendment claim against them was continued pending completion of further discovery. Fed. R. Civ. P. 56(d).
(Docs. 97, 101.)
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