Ortiz v. Reynolds et al

Filing 85

ORDER signed by Chief Judge Morrison C. England, Jr. on 2/26/2014 FINDINGS AND RECOMMENDATIONS 80 are ADOPTED in FULL; Defendant's 73 Motion for Summary Judgment is GRANTED in PART as to plaintiff's claim that defendant caused the delay of a necessary medical appointment on or around 9/25/2008, in violation of the Eight Amendment and otherwise DENIED. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE B. ORTIZ,

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Plaintiff,

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No. 2:10-cv-01380-MCE-EFB P

v.

ORDER

J. REYNOLDS, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On October 24, 2013, the Magistrate Judge filed findings and recommendations herein,

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ECF No. 80, 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. Both

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parties have filed objections to the findings and recommendations. ECF Nos. 81, 82.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Findings and Recommendations (ECF No. 80) filed October 24, 2013, are
ADOPTED IN FULL; and

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Defendant’s June 24, 2013, Motion for Summary Judgment (ECF No. 73) is

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GRANTED IN PART as to Plaintiff’s claim that Defendant caused the delay of a

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necessary medical appointment on or around September 25, 2008, in violation of

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the Eighth Amendment, and otherwise DENIED.

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Dated: February 26, 2014

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