Doster v. Beard et al

Filing 60

ORDER ADOPTING 56 FINDINGS AND RECOMMENDATIONS signed by District Judge Dale A. Drozd on 09/25/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAMIEN T. DOSTER, 12 Plaintiff, 13 14 No. 1:15-cv-01415-DAD-GSA v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS JEFFREY A. BEARD, et al., (Doc. No. 56) 15 Defendants. 16 17 Plaintiff Damien T. Doster is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action brought pursuant to 42 U.S.C. § 1983. This action proceeds on plaintiff’s 19 first amended complaint against defendants Chief Deputy Warden F. Vasquez, Yard Captain P. 20 Llamas, Sergeant Leon, and Maintenance Engineer Pavich in which he alleges the defendants 21 subjected him to unlawful conditions of confinement in violation of the Eighth Amendment. 22 (Doc. No. 13.) This action was referred to a United States Magistrate Judge pursuant to 28 23 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 24, 2017, the assigned magistrate judge issued findings and recommendations, 24 25 recommending that defendants’ motion for summary judgment based on plaintiff’s failure to 26 exhaust his administrative remedies prior to filing suit be granted in part and denied in part. 27 (Doc. No. 56.) The parties were provided fourteen days in which to file objections to those 28 ///// 1 1 findings and recommendations. (Id.) To date, neither party has filed objections, and the time for 2 doing so has passed. 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 4 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 5 court finds the findings and recommendations to be supported by the record and proper analysis. 6 Accordingly, 7 1. Defendants’ motion for summary judgment is granted as to plaintiff’s claims 8 concerning the alleged lack of cold water, plaintiff’s toilet backing up and 9 overflowing, lack of cleaning supplies, and his related negligence claims; 10 2. Defendants’ motion for summary judgment is denied as to plaintiff’s claims 11 against defendants Pavich, Vasquez, Leon, and Llamas concerning the alleged 12 deprivation of hot water in his cell and shower, and his related negligence claims; 13 3. This case now proceeds only on plaintiff’s claim concerning deprivation of hot 14 water against defendants Pavich, Vasquez, Leon, and Llamas, and his related 15 negligence claims; 16 4. 17 18 19 20 All remaining claims are dismissed without prejudice due to plaintiff’s failure to exhaust his administrative remedies prior to filing suit as required; and 5. 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 21 22 23 24 25 26 27 28 2

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