Hardney v. Warren et al

Filing 158

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/6/23 ADOPTING in full 152 Findings and Recommendations and DENYING 135 defendants' Motion for Summary Judgment. In light of plaintiff's 154 pending motion to amend, this matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN HARDNEY,

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Plaintiff,

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No. 2:16-cv-00172-KJM-JDP (PC)

v.

ORDER

R. WARREN, 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.
On December 5, 2022, 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 fourteen days. No party has filed

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objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,

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602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed

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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law

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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court

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. . . .”). Having reviewed the file, the court finds the findings and recommendations to be

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supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed December 5, 2022, are adopted in full;

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2. Defendants’ motion for summary judgment, ECF No. 135, is denied; and

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3. In light of plaintiff’s pending motion to amend, ECF No. 154, this matter is referred

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back to the assigned magistrate judge for all further pretrial proceedings.

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DATED: March 6, 2023.

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