Reamel v. Harrington et al

Filing 58

ORDER ADOPTING 54 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DENYING 35 Defendants' Motion for Summary Judgment signed by Chief Judge Lawrence J. O'Neill on 2/20/2018. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

REAMEL CURTIS,

12
13
14
15

Plaintiff,
vs.

1:15-cv-00553-LJO-EPG-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL THAT
DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT DENIED

KELLI HARRINGTON, et al.,
Defendants.

(ECF No. 35, 54)

16
17
18
19
20
21
22
23
24
25
26
27

Curtis Reamel (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
with this civil rights action pursuant to 42 U.S.C. ' 1983. The matter was referred to a United
States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 24, 2018, the Magistrate Judge filed a Findings and Recommendations that
Defendants J. Bugarin and J. Gonzales’ motion for summary judgment (ECF No. 35) be denied.
(ECF No. 54.) The Findings and Recommendations were served on the parties that same day
and contained notice that any objections were to be filed within twenty-one days. (Id.) Neither
party timely filed an objection to the Findings and Recommendations.
Accordingly, it is HEREBY ORDERED that:
1. The Findings and Recommendations, filed January 24, 2018, (ECF No. 54) are
adopted in full;

28
1

2. Defendants J. Bugarin and J. Gonzales’ motion for summary judgment (ECF

1
2

No. 35) is DENIED; and

3

3. This action shall proceed only against defendants J. Bugarin and J. Gonzales on
Plaintiff’s failure to protect claim.

4
5
6
7
8

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

February 20, 2018

UNITED STATES CHIEF DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2