Porter v. Jennings et al

Filing 121

ORDER ADOPTING 115 FINDINGS AND RECOMMENDATIONS and Denying Defendants' 66 Motion for Summary Judgment signed by District Judge Anthony W. Ishii on 03/21/2013. (Flores, E)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6
EASTERN DISTRICT OF CALIFORNIA
7
8

SAMUEL KENNETH PORTER,

9
10
11

CASE NO. 1:10-cv-01811-AWI-DLB PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT

v.
CAPTAIN JENNINGS, et al.,

ECF No. 115
12

Defendants.

13
14

/

15
16

Plaintiff Samuel Kenneth Porter (“Plaintiff”) is a California state prisoner proceeding pro se

17

in this civil action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s First Amended

18

Complaint, filed April 14, 2011, against Defendants Jennings and Lowe for failure to protect in

19

violation of the Eighth Amendment. ECF No. 12. On June 25, 2012, Defendants Jennings and

20

Lowe filed a Motion for Summary Judgment. ECF No. 66. The matter was referred to a United

21

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

22

On February 12, 2013, the Magistrate Judge filed a Findings and Recommendations which

23

was served on the parties and which contained notice to the parties that any objection to the Findings

24

and Recommendations was to be filed within fourteen days. ECF No. 115. Defendants filed an

25

Objection to the Findings and Recommendations on February 25, 2013. ECF No. 118.

26

In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de

27

novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

28

Recommendations to be supported by the record and by proper analysis.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

The Findings and Recommendations, filed February 12, 2013, is adopted in full;

3

2.

Defendants Jennings and Lowe’s Motion for Summary Judgment, filed June 25,

4
5
6
7
8

2012, is denied; and
3.

The matter is referred to the Magistrate Judge for further proceedings.

IT IS SO ORDERED.
Dated:
0m8i78

March 21, 2013
SENIOR DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2