(PC) Hammler v. Clark et al

Filing 103

ORDER ADOPTING 92 Findings and Recommendations and DENYING Plaintiff's 88 Motion for Summary Judgment, without Prejudice signed by District Judge Anthony W. Ishii on 8/20/2020. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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Plaintiff,
v.
CLARK, et.al.,

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Defendants.

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Case No.: 1:19-cv-00373-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DENYING
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT, WITHOUT PREJUDICE
[ECF Nos. 88, 92]

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Plaintiff Allen Hammler is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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

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On June 16, 2020, the Magistrate Judge issued Findings and Recommendations recommending

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that Plaintiff’s motion for summary judgment be denied, without prejudice. (ECF No. 92.) The

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Findings and Recommendation was served on Plaintiff and contained notice that objections were due

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within fourteen (14) days. (Id.) On June 29, 2020, Plaintiff filed objections, and Defendants filed a

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response on July 6, 2020. (ECF Nos. 94, 95.)

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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, including Plaintiff’s objections,

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the Court finds the Findings and Recommendations to be supported by the record and by proper

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analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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in full; and

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The Findings and Recommendations filed on June 16, 2020 (Doc. No. 92) are adopted

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Plaintiff’s motion for summary judgment, filed on May 13, 2020 (ECF No. 88) is
denied, without prejudice.

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IT IS SO ORDERED.

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Dated: August 20, 2020

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SENIOR DISTRICT JUDGE

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