Jacobsen v. Curran et al

Filing 82

ORDER ADOPTING 75 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Lawrence J. O'Neill on 05/09/2018. (Flores, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

MICHAEL NEIL JACOBSEN,

10
11
12
13

Plaintiff,

Case No. 1:16-cv-01050-LJO-JDP (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
(ECF No. 75)
OFFICER CURRAN, et al.,
Defendants.

14
15

Michael Neil Jacobsen (“Plaintiff”) is a state prisoner proceeding pro se and in forma

16

pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to

17

a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

18
19
20
21

On April 6, 2018, Magistrate Judge Michael J. Seng entered findings and
recommendations, recommending that:
1. Defendant Curran’s motion for summary judgment (ECF Nos. 38) for failure
to exhaust administrative remedies be granted in part;

22

a.

Summary judgment be entered in favor of Defendant Curran;

23

b.

Defendant Curran’s motion for summary judgment be denied as to

24
25
26

all other defendants; and
2. Defendant [Dulces] Gonzalez’s motion for summary judgment and,
alternatively, for judgment on the pleadings, (ECF No. 35) be denied.

27

(ECF No. 75.) The parties were given an opportunity to object to the findings and

28

recommendations within fourteen days. Defendant Dulces Gonzales filed objection on April
1

1
2

11, 2018. (ECF No. 76.) Plaintiff filed his objections on April 27, 2018. (ECF No. 79).
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this

3

Court has conducted a de novo review of this case. Having carefully reviewed the entire file,

4

the Court finds the findings and recommendations to be supported by the record and proper

5

analysis.

6

Accordingly, IT IS ORDERED that:

7

1.

8
9

The findings and recommendations issued by the magistrate judge on April 6,
2018, (ECF No. 75), are ADOPTED IN FULL;

2.

Defendant Curran’s motion for summary judgment (ECF Nos. 38) for

10

failure to exhaust administrative remedies is granted in part, as follows:

11

a.

Summary judgment is granted in favor of Defendant Curran;

12

b.

Defendant Curran’s motion for summary judgment is denied as to

13
14

all other defendants;
3.

15

Defendant Dulces Gonzalez’s motion for summary judgment and,
alternatively, for judgment on the pleadings, (ECF No. 35) is denied.

16
17
18
19

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 9, 2018

UNITED STATES CHIEF DISTRICT JUDGE

20
21
22
23
24
25
26
27
28
2