Doster v. Beard et al
Filing
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ORDER ADOPTING 56 FINDINGS AND RECOMMENDATIONS signed by District Judge Dale A. Drozd on 09/25/2017. (Flores, E)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAMIEN T. DOSTER,
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Plaintiff,
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No. 1:15-cv-01415-DAD-GSA
v.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
JEFFREY A. BEARD, et al.,
(Doc. No. 56)
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Defendants.
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Plaintiff Damien T. Doster is a state prisoner proceeding pro se and in forma pauperis in
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this civil rights action brought pursuant to 42 U.S.C. § 1983. This action proceeds on plaintiff’s
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first amended complaint against defendants Chief Deputy Warden F. Vasquez, Yard Captain P.
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Llamas, Sergeant Leon, and Maintenance Engineer Pavich in which he alleges the defendants
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subjected him to unlawful conditions of confinement in violation of the Eighth Amendment.
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(Doc. No. 13.) This action 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.
On July 24, 2017, the assigned magistrate judge issued findings and recommendations,
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recommending that defendants’ motion for summary judgment based on plaintiff’s failure to
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exhaust his administrative remedies prior to filing suit be granted in part and denied in part.
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(Doc. No. 56.) The parties were provided fourteen days in which to file objections to those
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findings and recommendations. (Id.) To date, neither party has filed objections, and the time for
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doing so has passed.
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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court finds the findings and recommendations to be supported by the record and proper analysis.
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Accordingly,
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1.
Defendants’ motion for summary judgment is granted as to plaintiff’s claims
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concerning the alleged lack of cold water, plaintiff’s toilet backing up and
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overflowing, lack of cleaning supplies, and his related negligence claims;
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2.
Defendants’ motion for summary judgment is denied as to plaintiff’s claims
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against defendants Pavich, Vasquez, Leon, and Llamas concerning the alleged
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deprivation of hot water in his cell and shower, and his related negligence claims;
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3.
This case now proceeds only on plaintiff’s claim concerning deprivation of hot
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water against defendants Pavich, Vasquez, Leon, and Llamas, and his related
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negligence claims;
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4.
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All remaining claims are dismissed without prejudice due to plaintiff’s failure to
exhaust his administrative remedies prior to filing suit as required; and
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This case is referred back to the assigned magistrate judge for further proceedings.
IT IS SO ORDERED.
Dated:
September 25, 2017
UNITED STATES DISTRICT JUDGE
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