Guzman v. Marshall et al

Filing 55

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING Defendants' Motion for Summary Judgment 46 , 53 , signed by District Judge Lawrence J. O'Neill on 2/11/16: Defendants' motion for summary judgment is DENIED, and this matter shall proceed to jury trial. (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,

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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
[ECF Nos. 46, 53]

Plaintiff Rafael Guzman is appearing pro se and in forma pauperis in this civil rights action

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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 December 17, 2015, the Magistrate Judge filed Findings and

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Recommendation which was served on the parties and which contained notice to the parties that

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objections to the Findings and Recommendation were to be filed within thirty days. No objections

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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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Recommendation to be supported by the record and by proper analysis.

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///
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Accordingly, IT IS HEREBY ORDERED that:

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and

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

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Defendants’ motion for summary judgment is DENIED, and this matter shall proceed
to jury trial.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

February 11, 2016

UNITED STATES DISTRICT JUDGE

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