Ricks v. Kamena et al

Filing 53

ORDER ADOPTING 52 Findings and Recommendations Denying Defendant's Motion for Summary Judgment, signed by District Judge Dale A. Drozd on 9/24/18. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

SCOTT K. RICKS,

12

Plaintiff,

13
14

No. 1: 15-cv-00715-DAD-BAM

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS DENYING
DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT

C. KAMENA,

15

Defendant.
(Doc. No. 52)

16
Plaintiff Scott K. Ricks (“plaintiff”) is a former state prisoner proceeding pro se and in

17
18

forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred

19

to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 31, 2018, the assigned magistrate judge issued findings and recommendations

20
21

recommending that defendant’s motion for summary judgment be denied. (Doc. No. 52.) The

22

findings and recommendations were served on the parties and contained notice that any

23

objections must be filed within fourteen days after service. (Id. at 11.) More than fourteen days

24

have passed, and no objections have been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

25
26

de novo review of this case and carefully reviewed the entire file. The court finds that the

27

findings and recommendations are supported by the record and by proper analysis.

28

/////
1

1

Accordingly,

2

1.

3

The findings and recommendations issued on August 31, 2018 (Doc. No. 52) are
adopted in full;

4

2.

Defendant’s motion for summary judgment (Doc. No. 32) is denied;

5

3.

This matter shall proceed on plaintiff’s Eighth Amendment claims brought against

6

defendant Kamena for the failure to protect plaintiff from his cellmate’s attack and

7

for deliberate indifference to plaintiff’s serious medical need following that attack;

8

and

9
10
11
12

4.

The case is referred back to the assigned magistrate judge for further scheduling.

IT IS SO ORDERED.
Dated:

September 24, 2018
UNITED STATES DISTRICT JUDGE

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