Puckett v. Agboli et al

Filing 82

ORDER signed by District Judge John A. Mendez on 6/10/19 ADOPTING the findings and recommendations filed 2/4/19, in full; GRANTING Defendants' motion for summary judgment (Doc. 63 ) as to plaintiff's Eighth Amendment safety and me dical care claims against defendants Lynch and Luis; DENYING Defendants' motion for summary judgment (Doc. 63 ) as to plaintiff's Eighth Amendment excessive force claims against defendants Agboli, Yaroch, Lynch, Vallar, Bulawin, and Dayson; and DENYING the Defendants' motion requiring plaintiff to post security (Doc. 67 ). (Becknal, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DURRELL ANTHONY PUCKETT, 12 Plaintiff, 13 14 No. 2:14-CV-2776-JAM-DMC-P v. ORDER A. AGBOLI, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. On February 4, 2019 the Magistrate Judge filed findings and recommendations 20 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within the time specified therein. Timely objections to the findings and 23 recommendations have been filed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304(f), this court has conducted a de novo review of this case. Having carefully reviewed the 26 entire file, the court finds the findings and recommendations to be supported by the record and by 27 proper analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 4, 2019, are adopted in 2. Defendants’ motion for summary judgment (Doc. 63) is granted as to 3 full; 4 5 plaintiff’s Eighth Amendment safety and medical care claims against defendants Lynch and Luis; 6 and 7 3. Defendants’ motion for summary judgment (Doc. 63) is denied as to 8 plaintiff’s Eighth Amendment excessive force claims against defendants Agboli, Yaroch, Lynch, 9 Vallar, Bulawin, and Dayson; and 10 4. Defendants’ motion requiring plaintiff to post security (Doc. 67) is denied. 11 12 13 14 DATED: June 10, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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