Sprinkle v. Robinson, et al

Filing 171

ORDER signed by District Judge John A. Mendez on 6/28/2017 ADOPTING IN FULL 166 Findings and Recommendations; ALLOWING the plaintiff to proceed to a jury trial on his claim for any losses that are unrelated to alleged wrongful incarceration, to see k an award of nominal damages if he cannot establish that he suffered and compensatory damages, and to attempt to prove entitlement to punitive damages; DISALLOWING any damages claimed for wrongful incarceration; REFERRING this matter back to the magistrate judge to direct the filing of pretrial statements and preparation of a pretrial order. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK WAYNE SPRINKLE,

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Plaintiff,

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No. 2:02-cv-1563-JAM-EFB P

v.

ORDER

LEON ROBINSON, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 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.
On March 22, 2017, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. Plaintiff and defendants

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have filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) 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 by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 22, 2017 are adopted in full;

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2. Plaintiff is allowed to proceed to a jury trial on his claim for any losses that are

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unrelated to alleged wrongful incarceration; for example, compensation for time spent preparing

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the petition and the costs of filing it;

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3. He may also seek an award of nominal damages if he cannot establish that he suffered

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any compensatory damages and may attempt to prove entitlement to punitive damages;

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4. Any damages claimed for wrongful incarceration are disallowed; and

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5. The matter is referred back to the magistrate judge to direct the filing of pretrial

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statements and preparation of a pretrial order. The date for trial before the undersigned will be set

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in the pretrial order.

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DATED: June 28, 2017

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/s/ John A. Mendez_________________________

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UNITED STATES DISTRICT COURT JUDGE

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