Guevara v. Ralls et al

Filing 129

ORDER signed by Judge Kimberly J. Mueller on 3/29/2012 ORDERING 128 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; Defendants' motions for summaryjudgment based on Heck v. Humphrey, 512 USC 477 (1994) are DENIED; 85 Motion for Summary Judgment is GRANTED as to defendants Scruggs, Ramirez and McCarvel; 102 Motion for Summary Judgment by defendant Ralls is DENIED. (Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AMILCAR GUEVARA,
Plaintiff,

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vs.

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No. Civ. S-09-1132 KJM KJN P

A. RALLS, et al.,
Defendants.

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ORDER
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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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 8, 2012, the magistrate judge filed findings and recommendations,

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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. No party has filed

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objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983). Having carefully reviewed the file, the court finds the findings and recommendations to

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be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 8, 2012, are adopted in full;

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2. Defendants’ motions for summary judgment based on Heck v. Humphrey, 512

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U.S. 477 (1994), are denied;

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3. The September 24, 2010 motion for summary judgment (dkt no. 85) is granted
as to defendants Scruggs, Ramirez and McCarvel; and

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4. Defendant Ralls’ May 11, 2011 motion for summary judgment (dkt. no. 102) is

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denied.

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DATED: March 29, 2012.

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UNITED STATES DISTRICT JUDGE

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/guev1132.801

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