Hines v. Noriega et al

Filing 39

ORDER signed by Judge John A. Mendez on 6/9/2015 ADOPTING IN FULL 37 Findings and Recommendations; DENYING 28 Motion for Summary Judgment. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY HINES,

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No. 2:13-cv-0392 JAM AC P
Plaintiff,

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v.

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NORIEGA, et al.,

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ORDER

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 March 9, 2015, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within fourteen days. ECF No. 37. Defendant

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has filed objections to the findings and recommendations. ECF No. 38.

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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. However, for the reasons stated in defendant’s objections, ECF No. 38 at 3-4, the court

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declines to adopt the second paragraph on page 19 of the findings and recommendations, lines 15
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through 22.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 9, 2015, are adopted in full; and

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2. Defendants’ motion for summary judgment (ECF No. 28) is denied.

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DATED: June 9, 2015

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/s/ John A. Mendez_________________________

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UNITED STATES DISTRICT COURT JUDGE

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