Cassells v. Liggett
Filing
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ORDER adopting in full 65 FINDINGS AND RECOMMENDATIONS, signed by Judge Morrison C. England, Jr., on 11/18/11. Defendants' 46 motion for summary judgment is GRANTED in part and DENIED in part. (Kastilahn, 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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KEITH M. CASSELS,
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Plaintiff,
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No. CIV S-10-0775 MCE DAD P
vs.
D. LIGGETT, et al.,
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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 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On September 27, 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. Neither
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party has filed objections to the findings and recommendations.
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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:
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/////
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1. The findings and recommendations filed September 27, 2011, are adopted in
full;
2. Defendants’ motion for summary judgment (Doc. No. 46) is granted in part
and denied in part as follows:
a. Defendants’ motion for summary judgement on plaintiff’s excessive
use of force claim against defendant Liggett is denied;
b. Defendants’ motion for summary judgement on plaintiff’s retaliation
claim against defendant Mathews is granted; and
c. Defendants’ motion for summary judgment based on the affirmative
defense of qualified immunity is denied.
Dated: November 18, 2011
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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE
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