King v. Calistro
Filing
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ORDER Adopting 53 Findings and Recommendations, Granting in Part and Denying in Part Defendant Calistro's 34 Motion for Summary Judgment, signed by District Judge Anthony W. Ishii on 11/30/17. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALTON KING,
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Plaintiff,
v.
CALISTRO,
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Defendant.
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Case No.: 1:15-cv-00698-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING IN PART
AND DENYING IN PART DEFENDANT
CALISTRO’S MOTION FOR SUMMARY
JUDGMENT
[ECF Nos. 34, 53]
Plaintiff Alton King is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
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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 September 14, 2017, the Magistrate Judge filed a Findings and
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Recommendations recommending that Defendant Calistro’s motion for summary judgment be granted
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as to Plaintiff’s claim of deliberate indifference and denied as to Plaintiff’s claim of retaliation. The
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Findings and Recommendations were served on the parties and contained notice that objections were
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to be filed within thirty days. Plaintiff filed objections on October 17, 2017.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de
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novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections,
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the Court finds the Findings and Recommendations to be supported by the record and by proper
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analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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The Findings and Recommendations, filed on September 14, 2017, are adopted in full;
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Defendant Calistro’s motion for summary judgment is granted as to Plaintiff’s claim for
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deliberate indifference and denied as to Plaintiff’s claim for retaliation; and
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The matter is referred back to the assigned Magistrate Judge for trial scheduling on
Plaintiff’s retaliation claim.
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IT IS SO ORDERED.
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Dated: November 30, 2017
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SENIOR DISTRICT JUDGE
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