Harvey v. Barbour
Filing
51
ORDER signed by District Judge Kimberly J. Mueller on 3/21/2017 ADOPTING IN FULL 50 Findings and Recommendations; GRANTING 42 Motion for Partial Summary Judgment; DISMISSING the plaintiff's claim for deliberate indifference. (Michel, G.)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
KENNETH HARVEY,
12
13
14
No. 2:12-cv-02029 KJM DB
Plaintiff,
v.
ORDER
J. BARBOUR,
15
Defendant.
16
17
Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief
18
under 42 U.S.C. § 1983 alleging defendant Barbour forced him to do strenuous manual labor
19
contrary to his medical orders in violation of his First and Eighth Amendment rights. The matter
20
was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and
21
Local Rule 302.
22
On March 1, 2017, the magistrate judge filed findings and recommendations, which were
23
served on all parties and which contained notice to all parties that any objections to the findings
24
and recommendations were to be filed within fourteen days. (ECF No. 50.) Neither party has
25
filed objections to the findings and recommendations.
26
The court presumes that any findings of fact are correct. See Orand v. United States, 602
27
F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.
28
See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed
1
1
the file, the court finds the findings and recommendations to be supported by the record and by
2
the proper analysis.
3
Accordingly, IT IS HEREBY ORDERED that:
4
1.
The findings and recommendations filed March 1, 2017 (ECF No. 55) are adopted
2.
Defendant Barbour’s partial motion for summary judgment for failure to exhaust
5
6
7
8
9
in full;
administrative remedies is granted; and
3.
Plaintiff’s claim for deliberate indifference is dismissed.
DATED: March 21, 2017
10
11
UNITED STATES DISTRICT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?