Curtis Anderson v. United States of America et al
Filing
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ORDER ADOPTING 59 Findings and Recommendations and DENYING Defendants' 55 Motion for Summary Judgment, signed by District Judge Dale A. Drozd on 1/30/19. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CURTIS ANDERSON,
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Plaintiff,
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No. 1:16-cv-00352-DAD-SAB
v.
UNITED STATES OF AMERICA,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT
Defendant.
(Doc. Nos. 55, 59)
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Plaintiff Curtis Anderson is a federal prisoner proceeding pro se and in forma pauperis in
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this action pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671. The matter was
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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule
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302.
On August 8, 2018, defendant filed a motion for summary judgment. (Doc. No. 55.) On
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November 28, 2018, the assigned magistrate judge issued findings and recommendations,
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recommending that defendant’s motion for summary judgment be denied. (Doc. No. 59.) The
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findings and recommendations were served on the parties and contained notice that any
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objections thereto were to be filed within thirty days after service. (Id. at 12.) Defendant filed
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objections on December 21, 2018. (Doc. No. 60.)
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/////
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the undersigned has
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conducted a de novo review of the case. In the undersigned’s view, defendant’s objections do not
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raise any argument not already adequately considered and appropriately rejected in the pending
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findings and recommendations. Having carefully reviewed the entire file, including defendant’s
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objections, the undersigned concludes that the findings and recommendations are supported by
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the record and by proper analysis.
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Accordingly:
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1.
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The findings and recommendations issued on November 28, 2018 (Doc. No. 59)
are adopted in full;
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2.
Defendant’s motion for summary judgment (Doc. No. 55) is denied; and
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3.
This matter is referred back to the assigned magistrate judge for further
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proceedings.
IT IS SO ORDERED.
Dated:
January 30, 2019
UNITED STATES DISTRICT JUDGE
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