Baker v. Yates

Filing 112

ORDER ADOPTING 110 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DENYING 88 Defendant S. Moore's Motion for Summary Judgment signed by Chief Judge Lawrence J. O'Neill on 9/15/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HARVEY CURTIS BAKER,

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Plaintiff,
v.
S. MOORE,
Defendant.

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Case No.: 1:12-cv-00126-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DENYING
DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT, AND REFERRING CASE BACK TO
MAGISTRATE JUDGE
(ECF Nos. 88, 110)

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Plaintiff Harvey Curtis Baker (“Plaintiff”) is a state prisoner proceeding pro se in this civil
rights action pursuant to 42 U.S.C. § 1983.

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The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302. On August 1, 2016, the magistrate judge filed a findings and

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recommendation recommending that Defendant S. Moore’s motion for summary judgment in this

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matter be denied. (ECF No. 110.) The findings and recommendation was served on the parties with

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notice that any objections were to be filed within thirty (30) days of service. Over thirty (30) days

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have passed, and no objections have been filed.

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

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

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recommendation to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendation, filed on August 1, 2016, is adopted in full;

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Defendant S. Moore’s motion for summary judgment is DENIED;

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3.

This matter shall proceed to a jury trial on Plaintiff’s claim against Defendant S. Moore
for failure to protect in violation of the Eighth Amendment; and

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4.

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 _____

September 15, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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