Moran v. Dutra et al

Filing 104

ORDER ADOPTING 97 Findings and Recommendation to GRANT Defendants' 82 Motion for Summary Judgment Against Defendant Hoggard and DENY it Against Defendants Dutra and Brockmeyer, signed by District Judge Lawrence J. O'Neill on 3/18/15. Case to REMAIN OPEN. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICOLAS MORAN,

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Plaintiff,
v.

Case No. 1:11-cv-00914-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION TO:

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GRANT DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT AGAINST
DEFENDANT HOGGARD AND DENY IT
AGAINST DEFENDANTS DUTRA AND
BROCKMEYER

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(ECF NO. 82)

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CASE TO REMAIN OPEN

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K. DUTRA, et al.,

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Defendants.

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 28 U.S.C. § 1983. (ECF Nos. 1 & 11.) The action
proceeds against Defendants Ryan (Hoggard) and Dedee (Onwubuya) on Plaintiff’s
Eighth Amendment inadequate medical care claim and against Defendants Dutra and
Auten (Brockmeyer) on Plaintiff’s Eighth Amendment excessive force claim. The matter
was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B)
and Local Rule 302 of the United States District Court for the Eastern District of
California.
On February 17, 2015, the Magistrate Judge issued Findings and a

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Recommendation to grant Defendants’ motion for summary judgment against
Defendant Hoggard and deny it against Defendants Dutra and Brockmeyer. (ECF No.
82.) Plaintiff filed objections to the Findings and Recommendation. (ECF No. 98.)
Defendants filed a response. (ECF No. 103.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1), the Court has
conducted a de novo review of this case. Having carefully reviewed the entire file, the
Court finds the Findings and Recommendation to be supported by the record and by
proper analysis.
Accordingly, it is HEREBY ORDERED that:

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1. The Court adopts the Findings and Recommendation (ECF No. 97) filed

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on February 17, 2015 in full;

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2. Defendants’ motion for summary judgment (ECF Nos. 82.) filed on August

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14, 2014 is GRANTED as to Defendant Hoggard and DENIED as to

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Defendants Dutra and Brockmeyer;

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3. The case shall remain open for further proceedings on Plaintiff’s remaining

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Eighth Amendment inadequate medical care claim against Defendant

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Onwubuya and on Plaintiff’s Eighth Amendment excessive force claim

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against Defendants Dutra and Brockmeyer.

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Dated:

/s/ Lawrence J. O’Neill

March 18, 2015

UNITED STATES DISTRICT JUDGE

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