Chappell v. Pliler, et al

Filing 103

ORDER ADOPTING 102 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Troy L. Nunley on 02/28/17 ORDERING that defendants' 88 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as follows: Defendants' motion for summary judgement on Plaintiff's Eighth Amendment claims regarding the denial of outdoor exercise and adequate food is DENIED; Defendants' motion for summary judgment on Plaintiff's Eighth Amendment claim for denial of personal hy giene items and First Amendment claims is GRANTED; Defendants' motion for summary judgment with respect to the defense of qualified immunity is DENIED; Plaintiff's Fourteenth Amendment equal protection and due process claims, his state l aw claims and his Eighth Amendment claim challenging the banning of tobacco from CSP-Sacramento are DISMISSED for failure to state a cognizable claim. The case shall proceed solely on Plaintiff's Eighth Amendment claims regarding denial of outdoor exercise and adequate food. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REX CHAPPELL,

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No. 2:04-cv-01183 TLN-DB

Plaintiff,
v.

ORDER

C.K. PLILER, 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.

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On January 24, 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. Neither party has filed

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objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 24, 2017 (ECF No. 102) are adopted

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in full;
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2. Defendants’ October 5, 2015 motion for summary judgment (ECF No. 88) is granted in
part and denied in part as follows:
a. Defendants’ motion for summary judgement on Plaintiff’s Eighth Amendment

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claims regarding the denial of outdoor exercise and adequate food is denied;

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b. Defendants’ motion for summary judgment on Plaintiff’s Eighth Amendment

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claim for denial of personal hygiene items and First Amendment claims is

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granted;

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c. Defendants’ motion for summary judgment with respect to the defense of
qualified immunity is denied;

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d. Plaintiff’s Fourteenth Amendment equal protection and due process claims, his

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state law claims brought under California Penal Code § 825 and California

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Code of Regulations Title 15, § 3157(a)-(c), and Plaintiff’s Eighth Amendment

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claim challenging the banning of tobacco from CSP-Sacramento are dismissed

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for failure to state a cognizable claim; and

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e. The case shall proceed solely on Plaintiff’s Eighth Amendment claims
regarding denial of outdoor exercise and adequate food.

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Dated: February 28, 2017

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Troy L. Nunley
United States District Judge

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