Spence v. Stambaugh et al
Filing
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ORDER signed by Senior Judge William B. Shubb on 4/13/2021 ADOPTING 169 Findings and Recommendations in full; GRANTING 146 Motion for Summary Judgment; DENYING 154 Cross-Motion for Summary Judgment; and ENTERING Summary Judgment for the City defendants on Count Four. CASE CLOSED. (Coll, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GERALD SPENCE,
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Plaintiff,
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No. 2:14-cv-1170 WBS AC P
v.
ORDER
STAMBAUGH, et al.,
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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.
On March 11, 2021, the magistrate judge issued findings and recommendations herein
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which were served on plaintiff and which contained notice to plaintiff that any objections to the
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findings and recommendations were to be filed within thirty days. See ECF No. 169. Plaintiff
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has filed objections to the findings and recommendations. ECF No. 170.
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 issued March 11, 2021 (ECF No. 169), are
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ADOPTED in full;
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2. The County defendants’ motion for summary judgment (ECF No. 146) is GRANTED;
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3. Plaintiff’s cross-motion for summary judgment (ECF No. 154) is DENIED;
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4. Summary judgment is entered for the City defendants on Count Four, and
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5. The clerk is directed to enter final judgment.
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Dated: April 13, 2021
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spen1170.804
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