Washington v. Essex et al

Filing 74

ORDER signed by District Judge John A. Mendez on 5/18/17 ORDERING that the findings and recommendations filed 3/10/2017 (ECF No. 71 ) are ADOPTED in full; and Defendants' motions for summary judgment (ECF Nos. 63 ; 64 ) are DENIED. (Becknal, R)

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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 TRACYE BENARD WASHINGTON, 12 No. 2:12-cv-03054 JAM DB Plaintiff, 13 v. 14 C. ESSEX, et al., 15 ORDER 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 10, 2017, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 71.) 23 Defendants have filed objections to the findings and recommendations. (ECF Nos. 72; 73.) 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. 3 4 5 6 The findings and recommendations filed March 10, 2017 (ECF No. 71) are adopted in full; and 2. Defendants’ motions for summary judgment (ECF Nos. 63; 64) are denied. DATED: MAY 18, 2017 /s/ John A. Mendez_______________________ UNITED STATES DISTRICT COURT JUDGE 7 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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