Jones v. Kuppinger et al

Filing 113

ORDER ADOPTING 111 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 10/19/17GRANTING IN PART and DENYING IN PART defendant's 101 Motion for Summary Judgment as follows: GRANTED to defendants Moore and Kuppin ger on plaintiff's Eighth Amendment deliberate indifference claims; and DENIED as to plaintiff's Eighth Amendment failure to protect claim against defendant Moore; this action shall proceed against defendant Kuppinger on plaintiff's excessive force claim, and against defendant Moore on plaintiff's failure to protect. Case Referred to VDRP (cc: VDRP). (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HENRY A. JONES,

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No. 2:13-cv-0451 WBS AC P

Plaintiff,
v.

ORDER

P. KUPPINGER, et al.,
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 September 6, 2017, 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, but plaintiff requests that a settlement

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conference be scheduled.

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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. Additionally, this court finds that

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a second settlement conference is warranted in this case at this time rather than immediately

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proceed to pretrial and trial matters.

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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed September 6, 2017, are adopted in full;

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2. Defendants’ motion for partial summary judgment, ECF No. 101, is granted in

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part as follows:

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a. Granted to defendants Moore and Kuppinger on plaintiff’s Eighth Amendment

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deliberate indifference claims; and

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b. Denied as to plaintiff’s Eighth Amendment failure to protect claim against

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defendant Moore.

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3. As a result, this action shall proceed against defendant Kuppinger on plaintiff’s

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excessive force claim, and against defendant Moore on plaintiff’s failure to protect claim.

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4. The Clerk of Court is directed to contact Ms. Sujean Park, this court’s Alternative

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Dispute Resolution Coordinator, for the purpose of scheduling a mandatory settlement conference

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in this case at the earliest opportunity.

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IT IS SO ORDERED.

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Dated: October 19, 2017

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jone0451.801+sett

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