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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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 _______

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