Fields v. Patterson et al

Filing 64

ORDER ADOPTING Findings and Recommendations 63 ; ORDER GRANTING Defendant Patterson's Motion for Partial Summary Judgment for Failure to Exhaust 35 ; ORDER DISMISSING Claim Against Defendant Patterson for Slamming Plainitiff into a "Bar Box", with Prejudice,Referred back to Magistrate Judge, signed by District Judge Lawrence J. O'Neill on 08/01/2015. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN E. FIELDS,

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1:10-cv-01700-LJO-GSA-PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 63.)

vs.

ORDER GRANTING DEFENDANT
PATTERSON’S MOTION FOR PARTIAL
SUMMARY JUDGMENT FOR FAILURE
TO EXHAUST
(ECF No. 35.)

P. PATTERSON, et al.,
Defendants.

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ORDER DISMISSING CLAIM AGAINST
DEFENDANT PATTERSON FOR
SLAMMING PLAINTIFF INTO A “BAR
BOX,” WITH PREJUDICE

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Kevin E. Fields (APlaintiff@) is a state prisoner proceeding pro se in this civil rights

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

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

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On June 19, 2015, findings and recommendations were entered, recommending that

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defendant Patterson’s motion for partial summary judgment for failure to exhaust be granted.

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(ECF No. 63.) The parties were allowed thirty days in which to file objections to the findings

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and recommendations. To date, no objections have been filed.

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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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the Court finds the findings and recommendations to be supported by the record and proper

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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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2015 are ADOPTED IN FULL; and
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3.

Plaintiff’s claim against defendant Patterson for slamming Plaintiff into a “bar
box,” is dismissed with prejudice, for Plaintiff’s failure to exhaust administrative

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remedies before filing suit;
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This case now proceeds only on Plaintiff’s claim for use of excessive force
against defendant Patterson for applying Plaintiff’s handcuff too tight; and

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Defendant Patterson’s motion for partial summary judgment for failure to
exhaust, filed on September 10, 2014, is GRANTED;

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The Findings and Recommendations issued by the Magistrate Judge on June 19,

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This case is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

August 1, 2015

UNITED STATES DISTRICT JUDGE

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