Foy v. Vallejo Police Department

Filing 81

ORDER ADOPTING 79 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 3/24/15. Defendant Williams' 72 Motion for Summary Judgment is DENIED and Defendant City of Vallejo's 73 Motion for Summary Judgment is GRANTED. This action shall continue as to Defendants Williams, Bauer, Huff, Whitney and Yates. (Manzer, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALFRED JAMES FOY, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No. 2:11-cv-3262-MCE-CMK-P Plaintiff, v. ORDER VALLEJO POLICE DEPARTMENT, et al., Defendants. Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. On March 3, 2015, 2014, the Magistrate Judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within a specified time. No objections to the findings and recommendations have been filed. The Court has reviewed the file and finds the findings and recommendations to be supported by the record and by the Magistrate Judge’s analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed March 3, 2015, are ADOPTED IN FULL; 1 1 2 2. Defendant City of Vallejo’s motion for summary judgment (Doc. 73) is GRANTED; 3 3. Defendant Williams’ motion for summary judgment (Doc. 72) is DENIED; 4 4. The Clerk of the Court is directed to enter judgment in favor of Defendant City 5 6 of Vallejo only; and 5. This action shall continue as to Defendants Williams, Bauer, Huff, Whitney, 7 and Yates. 8 IT IS SO ORDERED. 9 Dated: March 24, 2015 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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