Young v. Rodriguez et al

Filing 58

ORDER signed by District Judge Kimberly J. Mueller on 8/1/19 ADOPTING in full 55 findings and recommendations. Defendants' 48 motion for summary judgment is GRANTED in part and DENIED in part. This case is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANNY GEROME YOUNG, 12 Plaintiff, 13 14 No. 2:15-cv-2604 KJM CKD P v. ORDER RODRIGUEZ, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 4, 2019, the magistrate judge filed findings and recommendations, which were 20 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within fourteen days. (ECF No. 55.) Defendants have 23 filed objections to the findings and recommendations. (ECF No. 56.) 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by proper analysis. 27 ///// 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 4, 2019 (ECF No. 55), are adopted in 3 4 5 full. 2. Defendants’ motion for summary judgment (ECF No. 48) is granted in part and denied in part as follows: 6 a. Granted as to plaintiff’s RLUIPA claims. 7 b. Denied as to plaintiff’s First and Fourteenth Amendment claims. 8 3. This case is referred back to the assigned magistrate judge for all further pretrial 9 10 proceedings. DATED: August 1, 2019. 11 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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