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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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.

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J. NEIBERT, et al.,
Defendants.

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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

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pursuant to 42 U.S.C. § 1983. On July 5, 2016, Defendants filed a motion for summary judgment.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302. On December 1, 2016, the Magistrate Judge filed a Findings and

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Recommendations which was served on the parties and contained notice that objections were to be

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filed within thirty days. Over thirty days have passed, and no objections were filed.

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In accordance with the provisions of 28 U.S.C. § 636(b), the Court has reviewed the matter.

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Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be

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supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed on December 1, 2016 (Doc. 44), are adopted in full;

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2.

Defendants’ motion to strike Plaintiff’s surreply (Doc. 43) is granted;

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3.

Defendants’ motion for summary judgment is denied (Doc. 37); and

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4.

The matter is referred back to the assigned Magistrate Judge for trial scheduling.

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IT IS SO ORDERED.

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Dated: February 8, 2017

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SENIOR DISTRICT JUDGE
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