Asberry v. Biter

Filing 163

ORDER ADOPTING 157 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER DENYING 133 & 136 Defendants' Motions for Summary Judgment; and ORDER DENYING 134 Plaintiff's Motion for Access to Law Library and 154 Motion for Reconsideration signed by Chief Judge Lawrence J. O'Neill on 1/3/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,
Plaintiff,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS THAT COURT
DENY DEFENDANTS’ MOTIONS FOR
SUMMARY JUDGMENT AND ALL
OTHER PENDING MOTIONS

v.

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Case No. 1:16-cv-01741-LJO-JDP

C. RELEVANTE, R. LOZOVOY,
A. FERRIS, and P. GODFREY,

ECF No. 157

Defendants.

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Plaintiff is a state prisoner proceeding pro se in this civil rights action brought pursuant to 42

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U.S.C. § 1983. The matter was referred to a United States magistrate judge pursuant to 28 U.S.C.

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§ 636(b)(1)(B) and Local Rule 302.

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On December 7, 2018, the assigned Magistrate Judge entered findings and recommendations

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that the Court deny Defendants’ motions for summary judgment and all other pending motions.

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ECF No. 157. On December 21, 2018, two Defendants filed their objections. ECF No. 160.

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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, IT IS ORDERED that:

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December 7, 2018, ECF No. 157, are adopted in full;

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The findings and recommendations issued by the assigned magistrate judge on

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Defendants’ motions for summary judgment, ECF Nos. 133, 136, are denied;

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154, are denied; and

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Plaintiff’s motions for access to law library and for reconsideration, ECF Nos. 134, `

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This matter is referred back to the assigned magistrate judge for further proceedings.

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IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

January 3, 2019

UNITED STATES CHIEF DISTRICT JUDGE

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