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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UMAR SHAHID,

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No. 2:14-cv-0454 JAM KJN P (TEMP)
Plaintiff,

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v.

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I. ALDAZ 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 November 12, 2015, 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. Defendants have filed

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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

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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.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 12, 2015 are adopted in full;

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2. The motion for summary judgment filed on behalf of defendants Rodriguez and

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Thompson is granted in part and denied in part as follow:
a. Defendants’ motion for summary judgment based on plaintiff’s failure to

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exhaust administrative remedies prior to filing suit as required (Doc. No. 96) is denied

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with respect to plaintiff’s right-to-marry claim against defendant Rodriguez;

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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

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with respect to plaintiff’s retaliation claim against defendant Thompson; and

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3. Defendant Thompson is dismissed from this action without prejudice.

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DATED: December 28, 2015

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/s/ John A. Mendez______________

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UNITED STATES DISTRICT COURT JUDGE

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