Alexander v. Solano County Detention Facility, et al.

Filing 52

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 06/03/15 granting 50 Motion to withdraw deemed admissions. Also, RECOMMENDING that defendant's motion for summary judgment 22 be denied. MOTION for SUMMARY JUDGMENT 22 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES S. ALEXANDER,

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Plaintiff,

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v.

No. 2:13-cv-2566 GEB CKD P

ORDER AND

SOLANO COUNTY DETENTION
FACILITY, et al.,

FINDINGS AND RECOMMENDATIONS

Defendants.

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Before the court is plaintiff’s motion to withdraw deemed admissions pursuant to Rule 36

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of the Federal Rules of Civil Procedure. (ECF No. 50.) For the reasons discussed in the May 12,

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2015 findings and recommendations, the court will grant this motion. (See ECF No. 48 at 8-9.)
Moreover, as there is a genuine dispute of material fact as to whether defendant used

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excessive force against plaintiff in violation of the Eighth Amendment (see id. at 8), the

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undersigned will recommend that defendant’s motion for summary judgment be denied.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to withdraw deemed

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admissions (ECF No. 50) is granted.
IT IS HEREBY RECOMMENDED that defendant’s motion for summary judgment (ECF

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No. 22) be denied.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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Dated: June 3, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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