Meredith v. Overley et al
Filing
72
ORDER ADOPTING 69 Findings and Recommendations to: (1) DENY Defendants' 56 Motion for Summary Judgment, (2) DENY Defendants' 62 Motion to Strike, and (3) DENY Plaintiff's 63 Motion for Summary Judgment, signed by District Judge Lawrence J. O'Neill on 12/29/2014. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DWAYNE MEREDITH,
Plaintiff,
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Case No. 1:12-cv-0455-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS (ECF No. 69) TO:
v.
(1) DENY DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT (ECF No. 56),
D. OVERLY, et al.,
(2) DENY DEFENDANTS’ MOTION TO
STRIKE (ECF No. 62), AND
Defendants.
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(3) DENY PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT (ECF No. 63)
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CASE TO REMAIN OPEN
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
23 rights action brought pursuant to 28 U.S.C. § 1983. (ECF Nos. 5 & 8.) The matter was
24 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and
25 Local Rule 302 of the United States District Court for the Eastern District of California.
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On
December
4,
2014,
the
Magistrate
Judge
issued
Findings
and
27 Recommendations to deny Defendants’ motion for summary judgment, deny
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1 Defendants’ motion to strike, and deny Plaintiff’s motion for summary judgment. (ECF
2 No. 69.) No objections were filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1), the Court has
4 conducted a de novo review of this case. Having carefully reviewed the entire file, the
5 Court finds the Findings and Recommendations to be supported by the record and by
6 proper analysis.
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Accordingly, it is HEREBY ORDERED that:
1. The Court adopts the Findings and Recommendations (ECF No. 69), filed
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December 4, 2014, in full;
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2. Defendants’ motion for summary judgment (ECF No. 56), filed June 13,
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2014, is DENIED;
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3. Defendants’ motion to strike (ECF No. 62), filed July 18, 2014, is DENIED
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as moot; and
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4. Plaintiff’s motion for summary judgment (ECF No. 63), filed July 21, 2014,
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is DENIED.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
December 29, 2014
UNITED STATES DISTRICT JUDGE
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