Guzman v. Marshall et al

Filing 43

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING Defendants' Motion for Summary Judgment, and DIRECTING Defendants to File a Further Response to Complaint Within Thirty Days 29 , 37 , 41 , signed by District Judge Lawrence J. O'Neill on 5/4/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAFAEL GUZMAN,

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Plaintiff,
v.

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JOHN MARSHALL, et al.,

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Defendants.

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Case No.: 1:12-cv-00828-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT, AND DIRECTING DEFENDANTS
TO FILE A FURTHER RESPONSE TO
COMPLAINT WITHIN THIRTY DAYS
[ECF Nos. 29, 37, 41]

Plaintiff Rafael Guzman is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On March 17, 2015, the Magistrate Judge filed a Findings and Recommendations which was

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served on the parties and which contained notice to the parties that Objections to the Findings and

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Recommendations were to be filed within thirty days. No Objections were 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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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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1.

The Findings and Recommendations, filed on March 17, 2015, is adopted in full; and

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2.

Defendants’ motion for summary judgment for failure to exhaust the administrative

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remedies is DENIED; and
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3.

Defendants are directed to file a further response to the complaint within thirty (30)

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days from the date of service of this order.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

May 4, 2015

UNITED STATES DISTRICT JUDGE

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