Baker v. Macomber et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 3/29/2018 ADOPTING 85 Findings and Recommendations in Full. This action shall proceed on Plaintiff's remaining claims against Defendant McGowan. (Fabillaran, J)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TIMOTHY RAY BAKER,
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Plaintiff,
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v.
No. 2:15-cv-00248-TLN-AC P
ORDER
J. MACOMBER, 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.
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On February 28, 2018, 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 twenty-one days. (ECF No. 85.)
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Plaintiff has filed objections to the findings and recommendations. (ECF No. 87.)
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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///
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed February 28, 2018 (ECF No. 85), are adopted
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in full.
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2. Summary judgment is entered for Defendant McCowan on Plaintiff’s claim that
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Defendant was deliberately indifferent to Plaintiff’s serious medical needs by causing Plaintiff to
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miss his August 10, 2012, insulin injection.
3. Summary judgment is denied to both Plaintiff and Defendant on Plaintiff’s remaining
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claims.
4. This action shall proceed on Plaintiff’s remaining claims against Defendant McCowan
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for: (1) the use of excessive force, and (2) deliberate indifference to plaintiff’s serious medical
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needs premised on Defendant’s failure to abide by Plaintiff’s medical chrono for frontal waist
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restraints.
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Dated: March 29, 2018
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Troy L. Nunley
United States District Judge
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