Brothers, II v. Buenafe et al
Filing
79
ORDER ADOPTING 62 Findings and Recommendations and DENYING 39 Defendants' Motion for Summary Judgment signed by District Judge Dale A. Drozd on 3/24/2021. (Jessen, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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AUBREY LEE BROTHERS, II,
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Plaintiff,
v.
No. 1:17-cv-00607-NONE-HBK
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DENYING
DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT
CHITA BUENAFE, et al.,
(Doc. Nos. 39, 62)
Defendants.
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Plaintiff Aubrey Lee Brothers, II, is appearing in forma pauperis in this civil rights action
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pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On September 30, 2020, the assigned magistrate judge issued findings and
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recommendations recommending that defendants’ motion for summary judgment based upon
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plaintiff’s purported failure to exhaust his administrative remedies prior to filing suit be denied.
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(Doc. Nos. 39, 62.) The findings and recommendations were served on the parties and contained
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notice that objections were due within fourteen (14) days. (Doc. No. 62 at 4.) Defendants filed
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objections. (Doc. No. 65.)
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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, including defendants’
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objections, the court concludes that the assigned magistrate judge’s findings and
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recommendations are supported by the record and by proper analysis. Defendants reiterate in
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their objections the argument that plaintiff’s inmate grievance did not alert defendants to the
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nature of plaintiff’s claims. The undersigned agrees with the magistrate judge that the inmate
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grievance in question sufficiently put prison officials on notice of the harm plaintiff alleges in this
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suit, namely the ongoing pain from which he allegedly suffers following a “botched” dental
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procedure performed during his imprisonment.
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Accordingly,
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1.
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are adopted in full;
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The findings and recommendations issued on September 30, 2020 (Doc. No. 62),
Defendant’s motion for summary judgment filed on November 5, 2019 (Doc. No.
39) is denied; and
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The matter is referred back to the magistrate judge for further proceedings.
IT IS SO ORDERED.
Dated:
March 24, 2021
UNITED STATES DISTRICT JUDGE
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