Kinney v. Brazelton, et al.

Filing 68

ORDER ADOPTING 65 Findings and Recommendations; ORDER DENYING Defendant's 37 Motion for Summary Judgment; ORDER GRANTING 47 Motion to Strike; ORDERED that Plaintiff's unauthorized surreply and Objections 44 and 45 are STRICKEN, signed by District Judge Anthony W. Ishii on 9/22/16. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DIJON KINNEY,
Plaintiff,

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Case No. 1:14-cv-00503-AWI-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
(ECF No. 65)
P.D. BRAZELTON, et al.,
Defendants.

ORDER DENYING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT
(ECF No. 37)

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ORDER GRANTING MOTION TO
STRIKE

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(ECF No. 47)

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ORDER STRIKING ECF Nos. 44 AND 45

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CASE TO REMAIN OPEN

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

23 rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against
24 Defendant Flores on Plaintiff’s Eighth Amendment claims for inadequate medical care
25 and cruel and unusual punishment. The matter was referred to a United States
26 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United
27 States District Court for the Eastern District of California.
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On August 18, 2016, the Magistrate Judge issued findings and recommendations

2 to deny Defendant’s motion for summary judgment and to grant Defendant’s motion to
3 strike Plaintiff’s unauthorized surreplies. (ECF No. 65.) Defendant filed objections. (ECF
4 No. 67.) Plaintiff filed no response.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has

6 conducted a de novo review of this case. The matters raised by Defendant’s objections
7 were addressed by the Magistrate Judge. The objections do not raise an issue of fact or
8 law under the findings and recommendations. Having carefully reviewed the entire file,
9 the Court finds the findings and recommendations to be supported by the record and by
10 proper analysis.
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Accordingly, it is HEREBY ORDERED that:
1. The Court adopts the August 18, 2016 findings and recommendations
(ECF No. 65) in full;

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2. Defendant’s motion for summary judgment (ECF No. 37) is DENIED;

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3. Defendant’s motion to strike (ECF No. 47) is GRANTED; and

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4. Plaintiff’s unauthorized surreply and objections (ECF Nos. 44 and 45) are

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STRICKEN.

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IT IS SO ORDERED.

20 Dated: September 22, 2016

SENIOR DISTRICT JUDGE

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