McCoy v. Stratton et al

Filing 44

ORDER signed by Senior Judge William B. Shubb on 1/20/2015 ADOPTING IN FULL 43 Findings and Recommendations; DENYING 36 Motion for Summary Judgment on Plaintiff's excessive use of force claims; GRANTING 36 Motion for Summary Judgment on Plaintiff's deliberate indifference medical care claims; DENYING 36 Motion for Summary Judgment on Plaintiff's retaliation claims; DIRECTING the defendants to file an answer in this action within thirty days. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVON E. McCOY,

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Plaintiff,

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No. 2:12-cv-1137 WBS DAD P

v.

ORDER

J. STRATTON 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 November 21, 2014, the magistrate judge filed findings and recommendations herein

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

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the 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:

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1. The findings and recommendations filed November 21, 2014, 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. 36) is granted in part and denied in part as follows:

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a. Defendants’ motion for summary judgment on plaintiff’s excessive use of force

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claims is denied;

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b. Defendants’ motion for summary judgment on plaintiff’s deliberate indifference

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medical care claims is granted;

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c. Defendants’ motion for summary judgment on plaintiff’s retaliation claims is

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denied; and

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3. Within thirty days of the date of this order, defendants are directed to file an answer in

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this action.

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Dated: January 20, 2015

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/mcco1137.801

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