Willard v. Moreno

Filing 40

ORDER ADOPTING 38 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER DENYING 30 Defendant's Motion for Summary Judgment; and ORDER Directing Parties to File Statements Indicating Whether a Court Supervised Settlement Conference Would be Beneficial signed by Chief Judge Lawrence J. O'Neill on 3/23/2017. Statements due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA A. WILLARD,
Plaintiff,

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v.

Case No. 1:14-cv-00521-LJO-JLT (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANT'S MOTION FOR
SUMMARY JUDGMENT

MORENO,
(Docs. 30, 28)

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Defendant.
30-DAY DEADLINE

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_____________________________________/
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Plaintiff, Joshua A. Willard, is a state prisoner proceeding pro se and in forma pauperis in

18 this civil action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States
19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On February 17, 2017, the Magistrate Judge filed a Findings and Recommendations to

21 deny Defendant's motion for summary judgment. (Doc. 38.) The Findings and Recommendations
22 were served that same day and contained provisions for the parties to file objections within
23 twenty-one days. Defendant filed objections (Doc. 39) in which he restated a number of the
24 arguments raised in his motion and reply papers -- all of which were considered and properly
25 evaluated in the Findings and Recommendations.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a

27 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings
28 and Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations, filed on February 17, 2017 (Doc. 38), is adopted

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in full;
2. Defendant's motion for summary judgment, filed September 1, 2016 (Doc. 30), is

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DENIED; and

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3. Within 30 days of the date of service of this order, the parties SHALL file statements

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indicating whether a court supervised settlement conference would be beneficial.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

March 23, 2017

UNITED STATES CHIEF DISTRICT JUDGE
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