Willard v. Neibert et al

Filing 45

ORDER ADOPTING 44 FINDINGS AND RECOMMENDATIONS; GRANTING 43 DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S SURREPLY AND DENYING 37 DEFENDANTS' MOTION FOR SUMMARY JUDGMENT signed by District Judge Anthony W. Ishii on 2/8/2017. (Lundstrom, T)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 JOSHUA A. WILLARD, Plaintiff, 6 v. 7 8 J. NEIBERT, et al., Defendants. 9 10 Case No.: 1:14-cv-1951-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S SURREPLY, AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [ECF Nos. 37, 43, 44] Plaintiff Joshua A. Willard is appearing pro se and in forma pauperis in this civil rights action 11 12 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. On July 5, 2016, Defendants filed a motion for summary judgment. 13 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 14 636(b)(1)(B) and Local Rule 302. On December 1, 2016, the Magistrate Judge filed a Findings and 15 Recommendations which was served on the parties and contained notice that objections were to be 16 filed within thirty days. Over thirty days have passed, and no objections were filed. 17 In accordance with the provisions of 28 U.S.C. § 636(b), the Court has reviewed the matter. 18 Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be 19 supported by the record and by proper analysis. Accordingly, IT IS HEREBY ORDERED that: 20 21 1. The Findings and Recommendations, filed on December 1, 2016 (Doc. 44), are adopted in full; 22 2. Defendants’ motion to strike Plaintiff’s surreply (Doc. 43) is granted; 23 3. Defendants’ motion for summary judgment is denied (Doc. 37); and 24 4. The matter is referred back to the assigned Magistrate Judge for trial scheduling. 25 26 IT IS SO ORDERED. 27 Dated: February 8, 2017 28 SENIOR DISTRICT JUDGE 1 1 2 3 4 5 6 7 8 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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