Smith v. Albee et al

Filing 95

ORDER signed by District Judge John A. Mendez on 12/7/2020; ADOPTING 89 Findings and Recommendations filed 9/22/20, in full; DENYING Plaintiff's motion for summary judgment (ECF No. 80 ) ; and GRANTING Defendants' motion for summary judgment (ECF No. 79 ). (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL LENOIR SMITH,

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No. 2:15-cv-1598 JAM KJN P

Plaintiff,
v.

ORDER

SGT. GREGORY, 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 September 22, 2020, 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 thirty days. Plaintiff filed objections to

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the findings and recommendations. Defendants filed a response. Plaintiff filed a reply. On

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November 23, 2020, plaintiff filed an addition to his reply. (ECF No. 94.)

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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 September 22, 2020, are adopted in full;

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2. Plaintiff’s motion for summary judgment (ECF No. 80) is denied; and

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3. Defendants’ motion for summary judgment (ECF No. 79) is granted.

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DATED: December 7, 2020

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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