McCoy v. Holguin et al

Filing 215

ORDER ADOPTING 214 Findings and Recommendations and DENYING 194 Defendants' Motion for Summary Judgment, signed by District Judge Ana de Alba on 9/12/2023. This matter is referred back to the Magistrate Judge for further proceedings. (Rivera, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAKEITH L. MCCOY,

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Plaintiff,

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No. 1:15-cv-00768-ADA-HBK (PC)

v.
A. HOLGUIN, et al.,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT

Defendants.
(ECF Nos. 194, 214)

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Plaintiff LaKeith McCoy is proceeding pro se in this civil rights action filed pursuant to

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42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 2, 2023, the Magistrate Judge issued findings and recommendations,

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recommending that the Court deny Defendants’ motion for summary judgment. (ECF No. 214.)

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The findings and recommendations contained notice that the parties had fourteen days within

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which to file objections. (Id. at 16.) That deadline has passed, and neither party has filed

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objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the Court concludes that

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

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Accordingly,

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The findings and recommendations issued on August 2, 2023, (ECF No. 214), are
adopted in full;

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2.

Defendants’ motion for summary judgment, (ECF No. 194), is denied; and

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3.

This matter is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated:

September 12, 2023
UNITED STATES DISTRICT JUDGE

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