Atcherley v. Clark et al

Filing 300

ORDER ADOPTING 287 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER GRANTING 166 Defendant Anderson's Motion for Summary Judgment signed by District Judge Lawrence J. O'Neill on 8/17/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM ATCHERLEY,

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Plaintiff,
vs.
EDGAR CLARK, et al.,
Defendants.

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1:12cv00225 LJO DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
DEFENDANT ANDERSON’S MOTION
FOR SUMMARY JUDGMENT
(Document 166)_

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Plaintiff William Atcherley (“Plaintiff”) is a prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 28 U.S.C. § 1983. This action is proceeding on

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Plaintiff’s Third Amended Complaint, filed on January 26, 2015, for violation of the Eighth

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Amendment and negligence against numerous Defendants.

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On November 26, 2014, Defendant Anderson filed a motion for summary judgment. The

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matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and

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Local Rule 302.

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On July 1, 2015, the Magistrate Judge issued Findings and Recommendations that

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Defendant’s motion be granted. The Findings and Recommendations were served on the parties

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and contained notice that any objections to the Findings and Recommendations were to be filed

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within thirty (30) days. Plaintiff filed objections on July 23, 2015, and Defendant filed a reply
on August 7, 2015.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted
a de novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s
objections and Defendant’s response, the Court finds that the Findings and Recommendations

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are supported by the record and by proper analysis. Plaintiff’s objections are mainly a repeat of
arguments made in his opposition and addressed by the Magistrate Judge.
Accordingly, IT IS HEREBY ORDERED that:
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full;

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2.

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The Findings and Recommendations, filed July 1, 2015, are ADOPTED in

Defendant Anderson’s motion for summary judgment (Document 166) is
GRANTED; and

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Judgment is entered in favor of Defendant Anderson on all claims.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

August 17, 2015

UNITED STATES DISTRICT JUDGE

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