Applegate v. Koker et al
ORDER Adopting 36 Findings and Recommendations to Grant in Part and Deny in Part Defendant's 25 Motion for Summary Judgment on Exhaustion Grounds, signed by District Judge Anthony W. Ishii on 2/8/17. CASE to REMAIN OPEN. (Gonzalez, R)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CASE NO. 1:15-cv-01054-AWI-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO GRANT IN
PART AND DENY IN PART
DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT ON EXHAUSTION
(ECF No. 25)
CASE TO REMAIN OPEN
Plaintiff is a prisoner proceeding pro se and in forma paurperis in this civil rights
action brought 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 November 2, 2016, the Magistrate Judge assigned to this case issued findings
and recommendations to grant in part and deny in part Defendant’s motion for summary
judgment on exhaustion grounds. (ECF No. 36.) Therein, the Judge recommended
dismissing Plaintiff’s retaliation claim for failure to exhaust, but found that Plaintiff had
properly exhausted his claims relating to the denial of access to an accessible shower
and rescission of his ADA status. The parties were given fourteen days to file their
objections. No objections were filed, and the time to do so has passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304,
the Court has conducted a de novo review of this case. Having carefully reviewed the
entire file, the Court finds the findings and recommendations to be supported by the
record and by proper analysis.
Accordingly, it is HEREBY ORDERED that:
1. The Court adopts the findings and recommendations filed on November 2,
2016 (ECF No. 36) in full;
2. Defendant’s motion for summary judgment (ECF No. 25) is GRANTED in
part and DENIED in part; and
3. The case shall proceed on Plaintiff’s Eighth Amendment medical
indifference claims against Dr. Kokor for denying Plaintiff access to an
accessible shower and rescinding Plaintiff’s ADA status.
IT IS SO ORDERED.
Dated: February 8, 2017
SENIOR DISTRICT JUDGE
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