Bowell v. Montoya et al

Filing 96

ORDER ADOPTING 88 Findings and Recommendations and DENYING 81 Plaintiff's Motion for Summary Judgment, signed by District Judge Dale A. Drozd on 3/8/2021. This case is referred back to the magistrate judge for further proceedings. (Rivera, O)

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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,
vs.
F. MONTOYA, et al.,
Defendants.

No. 1:17-cv-00605-NONE-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT
(Doc. Nos. 81, 88.)

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Plaintiff James Bowell is a state prisoner proceeding pro se and in forma pauperis with

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this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

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

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On January 19, 2021, findings and recommendations were entered, recommending that

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plaintiff’s motion for summary judgment be denied. (Doc. No. 88.) The parties were granted

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fourteen days in which to file objections to the findings and recommendations. (Id.) The

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fourteen-day time period has passed, and no objections have been filed.

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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,

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2021, are adopted in full;
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The findings and recommendations issued by the magistrate judge on January 19,

Plaintiff’s motion for summary judgment, filed on August 24, 2020, is denied;
and

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

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IT IS SO ORDERED.
Dated:

March 8, 2021
UNITED STATES DISTRICT JUDGE

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