Campbell v. P. Dickey

Filing 73

ORDER ADOPTING 71 Findings and Recommendations Regarding Defendant's Motion for Summary Judgment, signed by District Judge Jennifer L. Thurston on 02/24/2024. CASE CLOSED.(Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY TYRONE CAMPBELL, SR., 12 Plaintiff, 13 v. 14 DICKEY, et al., 15 No. 1:14-cv-00918-JLT-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Docs. 61, 71) Defendants. 16 17 Anthony Tyrone Campbell, Sr. is a state prisoner proceeding pro se and in forma pauperis 18 in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s second 19 amended complaint against Defendant P. Dickey for racial discrimination in violation of the 20 Equal Protection Clause of the Fourteenth Amendment based on allegations that Defendant 21 assigned Plaintiff to a cell with a gang-affiliated inmate based on Plaintiff’s race. 22 On January 31, 2014, the assigned magistrate judge issued Findings and 23 Recommendations to grant Defendant’s motion for summary judgment. (Doc. 71.) The Court 24 served the Findings and Recommendations on the parties and indicated that any objections were 25 due within 14 days. (Id. at 11.) Plaintiff filed objections on February 21, 2024. (Doc. 72.) 26 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 27 case. Having carefully reviewed the matter, the Court concludes the Findings and 28 Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 1 1 2 1. The Findings and Recommendations issued on January 31, 2024, (Doc. 71), are ADOPTED IN FULL. 3 2. Defendant’s motion for summary judgment, (Doc. 61), is GRANTED. 4 3. Judgment shall be entered in favor of Defendant and against Plaintiff. 5 4. The Clerk of the Court is directed to close this case. 6 7 8 IT IS SO ORDERED. Dated: February 24, 2024 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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