Hammler v. Haas, et al.
Filing
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ORDER signed by District Judge John A. Mendez on 1/15/19 ORDERING the findings and recommendations filed 12/14/18, are ADOPTED in full; Defendant Haas' motion for summary judgment, ECF No. 42 is DENIED; and this action proceeds to trial on plaintiff's Eighth Amendment failure-to-protect claims against both defendant Haas and defendant Louie. (Becknal, R)
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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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No. 2:15-cv-2266 JAM AC P
Plaintiff,
v.
ORDER
HAAS, 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 December 14, 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 fourteen days. ECF No. 64. Neither
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party has filed objections to the findings and recommendations.
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The court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed December 14, 2018, are adopted in full;
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2. Defendant Haas’ motion for summary judgement, ECF No. 42, is denied; and
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3. This action proceeds to trial on plaintiff’s Eighth Amendment failure-to-protect claims
against both defendant Haas and defendant Louie.
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DATED: January 15, 2019
/s/ John A. Mendez____________
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UNITED STATES DISTRICT COURT JUDGE
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