Hood v. Mims et al

Filing 59

ORDER ADOPTING 58 Findings and Recommendations, DENYING Defendant's 48 Motion for Summary Judgment, signed by Chief Judge Lawrence J. O'Neill on 9/18/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERT LEE HOOD,

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Plaintiff,

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v.

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CHUNA,

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Defendant.

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Case No.: 1:13-cv-00108-LJO-BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT
(ECF Nos. 48, 58)

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Plaintiff Albert Lee Hood is proceeding pro se and in forma pauperis in this civil rights action.

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This case currently proceeds on Plaintiff’s claim against Defendant Adleno Cunha, Jr., for deliberate

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indifference to his serious medical needs.1 This matter was referred to a United States Magistrate

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

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On January 6, 2017, Defendant filed a motion for summary judgment. (ECF No. 48.) On

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August 28, 2017, the assigned Magistrate Judge issued a Findings and Recommendations

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recommending that Defendant’s motion for summary judgment be denied. (ECF No. 58.) Those

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Findings and Recommendations were served on the parties and contained a notice that any objections

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were to be filed within fourteen days. Over fourteen days have passed, and 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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Defendant Cunha was erroneously sued as “Chuna.”

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed on August 28, 2017, are adopted in full;

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Defendant’s motion for summary judgment (ECF No. 48) is denied; and

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This matter is referred back to the assigned Magistrate Judge for further proceedings

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consistent with this order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

September 18, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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