Ware v. McDonald et al

Filing 72

ORDER adopting in full 70 FINDINGS AND RECOMMENDATIONS, signed by District Judge Troy L. Nunley on 3/18/15. Defendants' 63 Motion for Summary Judgment is DENIED. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN WARE,

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Plaintiff,

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No. 2:12-cv-1505 TLN KJN P

v.

ORDER

M. McDONALD, 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 December 10, 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. Defendants have filed

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objections to the findings and recommendations.
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 carefully reviewed the entire file, the

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Court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed December 10, 2014 are adopted in full; and

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2. Defendants’ Motion for Summary Judgment (ECF No. 63) is denied.

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IT IS SO ORDERED.

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Dated: March 18, 2015

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Troy L. Nunley
United States District Judge

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