Bowell v. Montoya et al

Filing 102

ORDER ADOPTING 100 Findings and Recommendations Recommending 90 Defendants' Motion for Summary Judgment be Granted, signed by District Judge Dale A. Drozd on 8/18/2021. CASE CLOSED. (Rivera, O)

Case 1:17-cv-00605-DAD-GSA Document 102 Filed 08/18/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES BOWELL,

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Plaintiff,
v.

No. 1:17-cv-00605-NONE-GSA (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT BE GRANTED

DEFENDANT, et al.,
(Doc. Nos. 90, 100)
Defendants.

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Plaintiff James Bowell is a state inmate proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on plaintiff’s first amended

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complaint against (1) defendants Montoya and Carter for violations of plaintiff’s Fourteenth

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Amendment rights and (2) defendants Killmer and Lopez for violations of plaintiff’s Eighth

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Amendment rights and for conspiracy to violate his rights. This action was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 10, 2021, the assigned magistrate judge issued findings and recommendations

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recommending that defendants’ motion for summary judgment (Doc. No. 90) be granted and that

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the Clerk of the Court be directed to enter judgment in favor of defendants and to close this case.

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(Doc. No. 100.) Those findings and recommendations were served on the parties and contained

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notice that any objections thereto were to be filed within fourteen (14) days after service. (Id. at

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25.) On May 19, 2021, plaintiff filed objections. (Doc. No. 101.) The objections do not address
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Case 1:17-cv-00605-DAD-GSA Document 102 Filed 08/18/21 Page 2 of 2
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the magistrate judge’s reasoning set forth in the pending findings and recommendations. (Id.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the court concludes that the

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magistrate judge’s findings and recommendations are supported by the record and by proper

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analysis.

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Accordingly,
1. The findings and recommendations issued on May 10, 2021, (Doc. No. 100), are adopted
in full;
2. Defendants’ motion for summary judgment (Doc. No. 90) is granted; and
3. The Clerk of the Court is directed to assign a district judge to this case for the purpose of
closing the case and then to close this case.
IT IS SO ORDERED.
Dated:

August 18, 2021
UNITED STATES DISTRICT JUDGE

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