Hall v. Pliler et al

Filing 84

ORDER ADOPTING 77 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 10/14/2009; ORDER REFERRING CASE to Magistrate Judge Kellison ; 72 Motion for Summary Judgment is GRANTED in part and DENIED in part; this action will precede on the claims against dfts Ranzany, Ugalino, Lt. Johnson, Connor, Gold, and Goughnour; dfts Pliler, Shrode, Ewing, Kelly, Clavere, Shoemaker, Baxter, Stiles, Rosario, Lord, Murphy, Rogel, Kimbrell, Peterson, Jaffe, Vance, Dr. Johnson, and Phillippi are terminated. (Suttles, J)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. C. PLILER, et al., Defendants. / Plaintiff, who is proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. On July 10, 2009, the Magistrate Judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within a specified time. Timely objections to the findings and recommendations have been filed. /// /// /// 1 GREGORY ANDREW HALL, Plaintiff, ORDER No. CIV S-05-1556-JAM-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 proceedings.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. 2. 3. The findings and recommendations filed July 10, 2009, are adopted in full; Defendants' motion for summary judgment (Doc. 72) is granted in part; This action proceeds on plaintiff's Eighth Amendment claims against

defendants Ranzany and Ugalino and plaintiff's due process claims against defendants Ranzany, Ugalino, Lt. Johnson, Connor, Gold, and Goughnour; 4. Pliler, Shrode, Ewing, Kelly, Clavere, Shoemaker, Baxter, Stiles, Rosario,

Lord, Murphy, Rogel, Kimbrell, Peterson, Jaffe, Vance, Dr. Johnson, and Phillippi are terminated as defendants to this action; and 5. The matter is referred back to the Magistrate Judge for further

DATED: October 14, 2009

/s/ John A. Mendez UNITED STATES DISTRICT JUDGE

2