Sekona v. Custino, et al.

Filing 143

ORDER signed by District Judge John A. Mendez on 11/21/19 ADOPTING 139 Findings and Recommendations in full; Defendants' Motion for Summary Judgment 118 is DENIED as to Plaintiff's Eighth Amendment safety claim against Defendant Cust ino; Defendants Motion for Summary Judgment 118 is GRANTED as to Plaintiff's Fourteenth Amendment due process claim against Defendant Snow; Plaintiff's Motion for Summary Judgment 127 is DENIED in its entirety. Judgment is GRANTED in favor of defendant Snow as a matter of law; and This matter shall proceed on Plaintiff's Eighth Amendment safety claim against defendant Custino only. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ETUATE SEKONA,

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Plaintiff,

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No. 2:16-CV-0517-JAM-DMC-P

v.

ORDER

F. CUSTINO, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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Eastern District of California local rules.
On September 4, 2019, the Magistrate Judge filed findings and recommendations

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herein which were served on the parties and which contained notice that the parties may file

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objections within the time specified therein. Timely objections to the findings and

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recommendations have been filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304(f), this court has conducted a de novo review of this case. Having carefully reviewed the

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entire file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.

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///
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations filed September 4, 2019, are adopted in

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Defendants’ motion for summary judgment (ECF No. 118) is denied as to

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full;

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plaintiff’s Eighth Amendment safety claim against defendant Custino;

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3.

Defendants’ motion for summary judgment (ECF No. 118) is granted as to

plaintiff’s Fourteenth Amendment due process claim against defendant Snow;

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4.

Plaintiff’s motion for summary judgment (ECF No. 127) is denied in its

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5.

Judgement is granted in favor of defendant Snow as a matter of law; and

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6.

This matter shall proceed on plaintiff’s Eighth Amendment safety claim

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against defendant Custino only.

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entirety;

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DATED: November 21, 2019
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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