Harris v. High Desert State Prison et al

Filing 60

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/5/12 RECOMMENDING 56 Motion for Summary Judgment be granted; Judgment be entered in defendants favor; and the Clerk be directed to close this case. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEE EDWARD HARRIS,
Plaintiff,

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No. 2:10-cv-1031 JAM EFB P

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HIGH DESERT STATE PRISON, et al.,

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Defendants.
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FINDINGS AND RECOMMENDATIONS

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This action proceeds on plaintiff’s claim that defendant Sisson violated his right

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to due process at a prison disciplinary hearing by: (1) not allowing him to call witnesses in his

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defense; and (2) finding him guilty despite evidence showing otherwise. Dckt. Nos. 30, 32. On

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September 14, 2012, defendant Sisson filed a motion for summary judgment, which establishes

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that the due process elements of Wolff v. McDonnell, 418 U.S. 539 (1974), were met at plaintiff’s

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disciplinary hearing, and that some evidence supported the finding of guilt. Dckt. No. 56.1 On

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October 11, 2012, after plaintiff failed to respond to defendant’s motion, the court directed

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Defendant’s motion included notice to plaintiff of the requirements for opposing a
motion for summary judgment. See Fed. R. Civ. P. 56; Rand v. Rowland, 154 F.3d 952, 962-63
(9th Cir. 1998).
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plaintiff to file either an opposition or a statement of no opposition to the motion. Dckt. No. 58.

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On October 25, 2012, plaintiff filed a statement of no opposition. Dckt. No. 59.

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Accordingly, IT IS HEREBY RECOMMENDED that:

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1. Defendant’s motion for summary judgment be granted (Dckt. No. 56);

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2. Judgment be entered in defendant’s favor; and

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3. The Clerk be directed to close this case.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Turner v.

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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: November 5, 2012.

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