Rowe v. Baughman et al

Filing 36

ORDER ADOPTING 35 FINDINGS AND RECOMMENDATIONSsigned by Chief Judge Morrison C. England, Jr on 8/12/13 GRANTING 29 Motion for Summary Judgment. This action proceeds only against defendant Whitted. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL ROWE,

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Plaintiff,

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No. 2:10-cv-2843-MCE-EFB P

v.

ORDER

D. BAUGHMAN, 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.
On July 10, 2013, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.
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:
1. The findings and recommendations filed July 10, 2013, are adopted in full; and

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2. The September 21, 2012 motion for summary judgment (ECF No. 29) is

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granted, and this action proceeds only against defendant Whitted on plaintiff’s claim that Whitted

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used excessive force by crashing plaintiff’s head into a window outside the conference room.

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Date: August 12, 2013

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_____________________________________

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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