Doster v. Beard et al
ORDER ADOPTING 56 FINDINGS AND RECOMMENDATIONS signed by District Judge Dale A. Drozd on 09/25/2017. (Flores, E)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
DAMIEN T. DOSTER,
ORDER ADOPTING FINDINGS AND
JEFFREY A. BEARD, et al.,
(Doc. No. 56)
Plaintiff Damien T. Doster is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action brought pursuant to 42 U.S.C. § 1983. This action proceeds on plaintiff’s
first amended complaint against defendants Chief Deputy Warden F. Vasquez, Yard Captain P.
Llamas, Sergeant Leon, and Maintenance Engineer Pavich in which he alleges the defendants
subjected him to unlawful conditions of confinement in violation of the Eighth Amendment.
(Doc. No. 13.) This action was referred to a United States Magistrate Judge pursuant to 28
U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 24, 2017, the assigned magistrate judge issued findings and recommendations,
recommending that defendants’ motion for summary judgment based on plaintiff’s failure to
exhaust his administrative remedies prior to filing suit be granted in part and denied in part.
(Doc. No. 56.) The parties were provided fourteen days in which to file objections to those
findings and recommendations. (Id.) To date, neither party has filed objections, and the time for
doing so has passed.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this
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 proper analysis.
Defendants’ motion for summary judgment is granted as to plaintiff’s claims
concerning the alleged lack of cold water, plaintiff’s toilet backing up and
overflowing, lack of cleaning supplies, and his related negligence claims;
Defendants’ motion for summary judgment is denied as to plaintiff’s claims
against defendants Pavich, Vasquez, Leon, and Llamas concerning the alleged
deprivation of hot water in his cell and shower, and his related negligence claims;
This case now proceeds only on plaintiff’s claim concerning deprivation of hot
water against defendants Pavich, Vasquez, Leon, and Llamas, and his related
All remaining claims are dismissed without prejudice due to plaintiff’s failure to
exhaust his administrative remedies prior to filing suit as required; and
This case is referred back to the assigned magistrate judge for further proceedings.
IT IS SO ORDERED.
September 25, 2017
UNITED STATES DISTRICT JUDGE
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