Jesse Washington v. Samuels
Filing
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING Plaintiff's and Defendant's Motions for Summary Judgment 49 , 51 , 73 , signed by District Judge Dale A. Drozd on 1/5/16: The matter is referred back to the Magistrate Judge for further proceedings regarding the schedule and procedures for trial in this civil action. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JESSE WASHINGTON,
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Plaintiff,
v.
R. SAMUELS,
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Defendant.
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Case No.: 1:12-cv-01404-DAD-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING PLAINTIFF’S
AND DEFENDANT’S MOTIONS FOR
SUMMARY JUDGMENT
[ECF Nos. 49, 51, 73]
Plaintiff Jesse Washington is appearing pro se and in forma pauperis in this civil rights action
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 October 20, 2015, the assigned Magistrate Judge filed a
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Findings and Recommendations recommending that the parties’ cross motions for summary judgment
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be denied. Those Findings and Recommendations were served on the parties and contained notice that
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any objections to the Findings and Recommendations were to be filed within thirty days.
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November 2, 2015, plaintiff filed objections. Local Rule 304(b).
On
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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, including plaintiff’s objection, the
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court finds the Findings and Recommendations to be supported by the record and by proper legal
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analysis.
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Accordingly:
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The Findings and Recommendations, filed on October 20, 2015, are adopted in full;
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Plaintiff’s motion for summary judgment is DENIED;
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Defendant’s motion for summary judgment is DENIED; and
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The matter is referred back to the Magistrate Judge for further proceedings regarding
the schedule and procedures for trial in this civil action.
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IT IS SO ORDERED.
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Dated:
January 5, 2016
DALE A. DROZD
UNITED STATES DISTRICT JUDGE
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