Hammler v. Davis et al

Filing 64

ORDER signed by District Judge Morrison C. England, Jr on 3/22/2017 ADOPTING 62 Findings and Recommendations in Full and DENYING 49 Motion for Summary Judgment. Summary Judgment on the issue of exhaustion is ENTERED for Plaintiff. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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Plaintiff,

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No. 2:14-cv-2073 MCE AC P

v.

ORDER

C. DAVIS,

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Defendant.

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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 February 23, 2017, 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. ECF No. 62. Defendant

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has filed objections to the findings and recommendations. ECF No. 63.
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 February 23, 2017 are ADOPTED IN FULL;

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2. Defendant’s motion for summary judgment (ECF No. 49) is DENIED; and

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3. Summary judgment on the issue of exhaustion is entered for Plaintiff.

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IT IS SO ORDERED.

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Dated: March 22, 2017

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