Shahid v. Aldaz et al
Filing
40
ORDER signed by Judge John A. Mendez on 12/28/15 adopting 37 FINDINGS AND RECOMMENDATIONS in full and granting in part and denying in part Motion for Summary Judgment. Defendant Thompson is dismissed from this action without prejudice. (Kaminski, H)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
UMAR SHAHID,
12
No. 2:14-cv-0454 JAM KJN P (TEMP)
Plaintiff,
13
v.
14
I. ALDAZ 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.
20
On November 12, 2015, the magistrate judge filed findings and recommendations herein
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. Defendants have filed
23
objections to the findings and recommendations. Plaintiff has filed a reply.
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. The findings and recommendations filed November 12, 2015 are adopted in full;
3
2. The motion for summary judgment filed on behalf of defendants Rodriguez and
4
5
Thompson is granted in part and denied in part as follow:
a. Defendants’ motion for summary judgment based on plaintiff’s failure to
6
exhaust administrative remedies prior to filing suit as required (Doc. No. 96) is denied
7
with respect to plaintiff’s right-to-marry claim against defendant Rodriguez;
8
9
b. Defendants’ motion for summary judgment based on plaintiff’s failure to
exhaust administrative remedies prior to filing suit as required (Doc. No. 96) is granted
10
with respect to plaintiff’s retaliation claim against defendant Thompson; and
11
3. Defendant Thompson is dismissed from this action without prejudice.
12
DATED: December 28, 2015
13
/s/ John A. Mendez______________
14
UNITED STATES DISTRICT COURT JUDGE
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?