Morris v. Bradford et al

Filing 54

ORDER signed by Judge Kimberly J. Mueller on 3/4/15 ADOPTING IN FULL 46 Findings and Recommendations; GRANTING IN PART AND DENYING IN PART 43 Motion for Summary Judgment. Within 30 days of service of this order, defendants shall file an answer to plaintiff's remaining claims in this action. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON E. MORRIS,

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Plaintiff,

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No. 2:11-cv-1171 KJM DAD P

v.

ORDER

BRADFORD, 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 as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 9, 2015, the magistrate judge filed findings and recommendations, which were

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

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and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the

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findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having reviewed the file, the court finds the

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findings and recommendations to 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 January 9, 2015, are adopted in full;

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2. Defendants’ motion for summary judgment based on plaintiff’s failure to exhaust

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administrative remedies (Doc. No. 43) is granted in part and denied in part as follows:
a. Defendants’ motion for summary judgment with respect to plaintiff’s Claims 2
and 4-10 is granted;
b. Defendants’ motion for summary judgment with respect to plaintiff’s Claims 1

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and 3 is denied; and

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3. Within thirty days of service of this order, defendants shall file an answer to plaintiff’s

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remaining claims in this action.

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DATED: March 4, 2015.

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UNITED STATES DISTRICT JUDGE

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