Hill v. Swarthout et al

Filing 54

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/29/2020 ADOPTING 50 Findings and Recommendations in full. 32 Motion for Summary Judgment is GRANTED on the following grounds: Plaintiff's equal protection claims against defenda nts Alcaraz, Mejorado, Sandy, Cappel, and Swarthout; deliberate indifference claims against Sandy, Cappel, and Swarthout; and due process claim against Sandy for failing to consider his mental health status are DISMISSED without prejudice for failure to exhaust administrative remedies; and Plaintiffs claim that Sandy violated his due process rights because she was not impartial, denied his request to call a witness, and found him guilty without any evidence are DISMISSED because plaintiff received all the process to which he was entitled. Judgment is ENTERED for defendants. 53 Request for a Settlement Conference is MOOT. CASE CLOSED. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH HILL,

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No. 2:15-cv-2012 KJM AC P
Plaintiff,

v.

ORDER

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GARY SWARTHOUT, 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 as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On February 11, 2020, the magistrate judge filed findings and recommendations, which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within twenty-one days. ECF No. 50. Plaintiff

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has filed a document properly construed as objections to the findings and recommendations. ECF

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Nos. 51, 52.

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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 reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by the proper analysis. This

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conclusion moots plaintiff’s request for a settlement conference. ECF No. 53.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed on February 11, 2020, ECF No. 50, are

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adopted in full.
2. Defendants’ motion for summary judgment, ECF No. 32, is granted on the following
grounds:
a. Plaintiff’s equal protection claims against defendants Alcaraz, Mejorado, Sandy,

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Cappel, and Swarthout; deliberate indifference claims against Sandy, Cappel, and Swarthout; and

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due process claim against Sandy for failing to consider his mental health status are dismissed

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without prejudice for failure to exhaust administrative remedies.

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b. Plaintiff’s claim that Sandy violated his due process rights because she was not

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impartial, denied his request to call a witness, and found him guilty without any evidence are

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dismissed because plaintiff received all the process to which he was entitled.

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3. Judgment is entered for defendants.

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4. Plaintiff’s request for a settlement conference (ECF No. 53) is moot.

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DATED: September 29, 2020.

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