Barker v. Hubbard et al

Filing 150

ORDER ADOPTING 147 FINDINGS AND RECOMMENDATIONS signed by Judge William B. Shubb on 5/30/12 DENYING 130 Motion for Summary Judgment. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM BARKER,

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Plaintiff,

No. 2:08-cv-1160 WBS CKD P

vs.
SUSAN L. HUBBARD, et al.,
Defendants.

ORDER
/

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

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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

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On April 20, 2012, the magistrate judge filed findings and recommendations

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

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objections to the findings and recommendations were to be filed within twenty-one days.

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Defendants have filed objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Defendants argue that “aside

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from Barker’s self-serving testimony,” no genuine dispute of material fact exists concerning

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Barker’s claim that defendants had notice of Barker’s need for accommodation and deliberately
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denied his request. As the magistrate judge observed, however, Barker’s testimony, albeit self

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serving, is nevertheless testimony, which cannot be ignored. Having carefully reviewed the

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entire file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed April 20, 2012, are adopted in full;

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and

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2. Defendants’s motion for summary judgment (Docket No. 130) is denied.
DATED:

May 30, 2012

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