Davis III v. Gibson et al

Filing 57

ORDER ADOPTING 51 FINDINGS AND RECOMMENDATIONS, and Denying 50 Motion for Summary Judgment signed by Chief Judge Lawrence J. O'Neill on 01/24/2019. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RELMON H. DAVIS, III.,

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Plaintiff,

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v.

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GIBSON, et.al.,

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Defendants.

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Case No.: 1:18-cv-00610-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, AND DENYING
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT
[ECF Nos. 50, 51]

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Plaintiff Relmon H. Davis, III. is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. The 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 December 28, 2018, the Magistrate Judge issued a Findings and Recommendation

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recommending that Plaintiff’s motion for summary judgment be denied. The Findings and

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Recommendation was served on the parties and contained notice that objections were to be filed

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within fourteen days. No objections were 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 Recommendation filed on December 28, 2018, is adopted in full; and

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2.

Plaintiff’s motion for summary judgment filed on December 26, 2018, is denied.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

January 24, 2019

UNITED STATES CHIEF DISTRICT JUDGE

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