Todd v. Johnson et al

Filing 90

ORDER Adopting Findings And Recommendations To Deny Defendants' Motion For Summary Judgment (ECF No. 88 ), Case To Remain Open, signed by District Judge Lawrence J. O'Neill on 4/13/2015. (Fahrney, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL ANTHONY TODD, Plaintiff, 11 12 13 14 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT P. JOHNSON, et al., (ECF No. 88) Defendants. CASE TO REMAIN OPEN 15 16 Case No. 1:12-cv-02083-LJO-MJS (PC) Plaintiff is a state prisoner proceeding pro se in this civil rights action brought 17 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States 19 District Court for the Eastern District of California. 20 On March 17, 2015, the Magistrate Judge issued findings and recommendations 21 to deny Defendants’ motion for summary judgment and to require an evidentiary hearing 22 to resolve factual disputes concerning exhaustion. (ECF No. 88.) Defendants filed no 23 objections. Plaintiff objects to the recommendation that an evidentiary hearing be held. 24 (ECF No. 89.) Defendants filed no reply. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has 26 conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the findings and recommendations to be supported by the record and by 28 1 proper analysis. Defendants are entitled to have disputed factual questions relating to 2 exhaustion resolved through a preliminary proceeding. Albino v. Baca, 747 F.3d 1162, 3 1169-71 (9th Cir. 2014). Plaintiff’s objections do not raise an issue of fact or law under 4 the findings and recommendations. 5 Accordingly, it is HEREBY ORDERED that: 1. The Court adopts the findings and recommendations, filed on March 17, 6 2015 (ECF No. 88), in full; 7 2. Defendants’ motion for summary judgment (ECF No. 70), filed July 3, 8 2014, is DENIED; 9 3. The Court REFERS the matter back to the Magistrate Judge for further 10 proceedings on the exhaustion issue; and 11 4. The case shall remain open for resolution of the exhaustion issue and, if 12 13 14 15 necessary, further proceedings on Plaintiff’s claims. IT IS SO ORDERED. /s/ Lawrence J. O’Neill April 13, 2015 Dated: UNITED STATES DISTRICT JUDGE 16 5. 17 18 19 20 21 22 23 24 25 26 27 28 2

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