Dicey v. Harrison, W. R., et al.

Filing 82

ORDER adopting 79 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 2/10/12: 63 Motion for Summary Judgment is granted in part and denied in part. This action shall proceed to trial on plaintiff' s Eighth Amendment excessive force claim against defendant Harrison. This matter is referred back to Judge John F. Moulds for further pretrial proceedings. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BERLAN LYNELL DICEY,

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Plaintiff,
vs.
W. R. HARRISON, et al.,
Defendants.

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No. 2:08-cv-2608 JAM JFM (PC)

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 December 9, 2011, 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 fourteen days. Plaintiff

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has 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. Having carefully reviewed the entire

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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 December 9, 2011, are adopted in

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full;

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2. Defendants’ March 11, 2011 motion for summary judgment is denied as to

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plaintiff’s Eighth Amendment excessive force claim against defendant Harrison and granted as to

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plaintiff’s Eighth Amendment claim of deliberate indifference against defendants Pfadt and

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Harrison;

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3. This action shall proceed to trial on plaintiff’s Eighth Amendment excessive
force claim against defendant Harrison; and

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4. This matter is referred back to Judge John F. Moulds for further pretrial

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proceedings.

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DATED: February 10, 2012

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/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE

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