Rios v. Tilton, et. al.

Filing 145

ORDER signed by Senior Judge William B. Shubb on 11/15/2013 ADOPTING in full 141 Findings and Recommendations; GRANTING 134 Motion for Summary Judgment for Defendants Tilton and Lockwood; DISMISSING Defendants Tilton and Lockwood from this action ; DENYING 134 Motion for Summary Judgment for Defendants Brandon, Parker, and Mayfield; ORDERING that this action proceed on Plaintiff's due process claims against Defendants Brandon and Parker, and on Plaintiff's retaliation claims against Defendants Parker and Mayfield. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RENO FUENTES RIOS,

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Plaintiff,

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No. 07-cv-0790 WBS KJN P

v.

ORDER

J. E. TILTON, 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 August 27, 2013, 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.
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. Accordingly, IT IS HEREBY

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ORDERED that:
1. The findings and recommendations filed August 27, 2013, are adopted in full;

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2. Defendants’ motion for summary judgment (ECF No. 134) is granted in part and
denied in part;
3. Summary judgment is granted for defendants Tilton and Lockwood and they are
dismissed from this action;

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4. Summary judgment is denied for defendants Brandon, Parker, and Mayfield; and

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5. This action will proceed on plaintiff’s due process claims against defendants Brandon

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and Parker, and on plaintiff’s retaliation claims against defendants Parker and Mayfield.

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Dated: November 15, 2013

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rios0790.801

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