Taylor v. Ohannesson et al

Filing 73

ORDER ADOPTING 72 Findings and Recommendations In Full, DENYING Plaintiff's 53 Motion for Partial Summary Judgment, and DENYING 61 Defendants' Cross-Motion for Summary Judgment, signed by District Judge Lawrence J. O'Neill on 2/24/2015. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TRACY TAYLOR, 12 Plaintiff, 13 14 v. SHAYE O’HANNESON, et al., 15 Defendants. 16 Case No.: 1:11-cv-00538-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL, DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT, AND DENYING DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT [ECF Nos. 53, 61, 71, 72] Plaintiff Tracy Taylor is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. On December 24, 2014, the Magistrate Judge issued Findings and Recommendations 19 20 regarding the parties’ motions for summary judgment. (ECF No. 72.) The Findings and 21 Recommendations were served on the parties and contained notice that objections were to be filed 22 within thirty days. The thirty day time frame has passed and no objections were filed. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 24 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 25 Recommendations to be supported by the record and by proper analysis. 26 /// 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. and 3 4 5 6 2. Plaintiff’s motion for partial summary judgment is DENIED; 3. Defendants’ motion to strike Plaintiff’s surreply is GRANTED; 4. Defendants’ motion to strike Plaintiff’s statement of undisputed facts in support of his 7 8 9 10 11 The Findings and Recommendations, filed on December 24, 2014, is adopted in full; motion for partial summary judgment is DENIED; and 5. Defendants’ motion for summary judgment is DENIED. IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill February 24, 2015 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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