Florence v. Nangalama et al

Filing 93

ORDER signed by District Judge Garland E. Burrell, Jr on 7/5/2016 FINDINGS AND RECOMMENDATIONS 88 are ADOPTED in FULL; Defendants' 73 Motion for Summary Judgment is DENIED as to plaintiff's claim that defendant Colter retaliated against plaintiff on 3/23/2011, and GRANTED in all other respects; and this matter is returned to the assigned magistrate judge for further scheduling. (Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID FLORENCE, 12 Plaintiff, 13 14 No. 2:11-cv-3119 GEB KJN P v. ORDER A.W.NANGALAMA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 9, 2016, the magistrate judge filed findings and recommendations herein which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations. Defendants filed a reply. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 9, 2016, are adopted in full; 3 2. Defendants’ motion for summary judgment (ECF No. 73) is denied as to plaintiff’s 4 claim that defendant Colter retaliated against plaintiff on March 23, 2011, and granted in all other 5 respects; and 6 7 3. This matter is returned to the assigned magistrate judge for further scheduling. Dated: July 5, 2016 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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