Murphy v. Kelso et al

Filing 61

ORDER Adopting 58 Findings and Recommendations and Denying Plaintiff's Motions for Summary Judgment re 50 , 52 , signed by District Judge Lawrence J. O'Neill on 03/09/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY ADONIS MURPHY,
Plaintiff,

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v.

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Case No. 1:12-cv-00309-LJO-JLT (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S MOTIONS FOR SUMMARY
JUDGMENT

KELSO, et al.,
(Docs. 50, 52, 58)
Defendants.

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Plaintiff, Gregory Adonis Murphy, is a state prisoner proceeding pro se and in forma
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pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 30, 2011. This
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action is proceeding on Plaintiff's claims in the First Amended Complaint for relief under section
1983 against Defendants Allison, Enenmoh, and Metts for deliberate indifference to Plaintiff's
serious medical needs in violation of the Eighth Amendment. (Docs. 17, 18.) The matter was
referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule
302.
On January 27, 2015, the Magistrate Judge filed a Findings and Recommendations which
recommended denial of Plaintiff’s Motions for Summary Judgment which contained notice that
objections were to be filed within thirty days. (Doc. 58.) Plaintiff filed objections to which
Defendants responded. (Docs. 59, 60.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a
de novo review of this case. Having carefully reviewed the entire file, the Court finds the

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

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed January 27, 2015, is adopted in full;

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2.

Plaintiff’s Motions for Summary Judgment, filed October 27, 2014 and November
21, 2014, are DENIED, without prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

March 9, 2015

UNITED STATES DISTRICT JUDGE

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