Willis v. Weeks
Filing
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ORDER ADOPTING 56 FINDINGS AND RECOMMENDATIONS in full signed by Judge Morrison C. England, Jr. on 01/18/12 and ORDERING that defendant Weeks' 33 Motion for Summary Judgment based on plaintiffs failure to exhaust his Eighth Amendment claim p rior to bringing this action is GRANTED; plaintiff's 34 Motion for Summary Judgment is DENIED without prejudice. This matter is REFERRED back to the Magistrate Judge for further proceedings on plaintiff's First Amendment retaliation allegations. (Benson, A.)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT WILLIS,
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Plaintiff,
No. CIV S-09-0342 MCE DAD P
Defendant.
ORDER
vs.
R. WEEKS,
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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 October 21, 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 twenty-one days.
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Plaintiff 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 October 21, 2011 (ECF No. 56), are
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ADOPTED in full; and
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2. Defendant Weeks’ motion for summary judgment based on plaintiff’s failure to
exhaust his Eighth Amendment claim prior to bringing this action (ECF No. 33) is GRANTED;
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3. Plaintiff’s motion for summary judgment (ECF No. 34) is DENIED without
prejudice; and
4. This matter is referred back to the Magistrate Judge for further proceedings on
plaintiff’s First Amendment retaliation allegations.
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Dated: January 18, 2012
________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE
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