Felton v. Lopez, et al.

Filing 66

ORDER ADOPTING 58 FINDINGS AND RECOMMENDATIONS; ORDER Denying Defendant Lopez's 50 Motion for Summary Judgment Based on Failure to Exhaust Remedies for Claims in Supplemental Complaint signed by District Judge Anthony W. Ishii on 03/03/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELVIN FELTON,

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1:12-cv-01066-AWI-GSA-PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. 58.)

vs.

ORDER DENYING DEFENDANT LOPEZ’S
MOTION FOR SUMMARY JUDGMENT
BASED ON FAILURE TO EXHAUST
REMEDIES FOR CLAIMS IN
SUPPLEMENTAL COMPLAINT
(Doc. 50.)

J. LOPEZ, et al.,
Defendants.

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Kelvin Felton (APlaintiff@) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. ' 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 23, 2015, findings and recommendations were entered, recommending that

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Defendant Lopez’s motion for summary judgment be denied. (Doc. 58.) The parties were

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granted an opportunity to file objections to the findings and recommendations within thirty

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days. To date, no objections have been filed.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file,
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the Court finds the findings and recommendations to be supported by the record and proper

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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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The Findings and Recommendations issued by the Magistrate Judge on January
23, 2015, are ADOPTED IN FULL; and

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Defendant Lopez’s motion for summary judgment based on Plaintiff’s failure to

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exhaust remedies for his claims in the Supplemental Complaint, filed on August

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14, 2014, is DENIED.

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IT IS SO ORDERED.
Dated: March 3, 2015
SENIOR DISTRICT JUDGE

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