McCurdy v. Kernan et al

Filing 54

ORDER ADOPTING 48 Findings and Recommendations, and DENYING Defendants' 35 Motion for Summary Judgment, signed by Chief Judge Lawrence J. O'Neill on 8/8/19. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES C. McCURDY,

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Plaintiff,

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v.
S. KERNAN, et al.,

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Defendants.

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Case No.: 1:17-cv-01356-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DENYING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT
[ECF Nos. 35, 48]

Plaintiff James C. McCurdy is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.
On June 19, 2019, the Magistrate Judge issued Findings and Recommendations

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recommending that Defendants’ motions for summary judgment be denied. The Findings and

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Recommendations were served on the parties and contained notice that objections were due within

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thirty (30) days. No objections have been filed and the time to do so has expired.

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

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

The Findings and Recommendations issued on June 19, 2019, are adopted in full;

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2.

Defendants’ motion for summary judgment is denied; and

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The matter is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

August 8, 2019

UNITED STATES CHIEF DISTRICT JUDGE

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