Sekona v. Custino, et al.
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
F. CUSTINO, et al.,
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
Eastern District of California local rules.
On September 4, 2019, the Magistrate Judge filed findings and recommendations
herein which were served on the parties and which contained notice that the parties may file
objections within the time specified therein. Timely objections to the findings and
recommendations have been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
304(f), this court has conducted a de novo review of this case. Having carefully reviewed the
entire file, the court finds the findings and recommendations to be supported by the record and by
Accordingly, IT IS HEREBY ORDERED that:
The findings and recommendations filed September 4, 2019, are adopted in
Defendants’ motion for summary judgment (ECF No. 118) is denied as to
plaintiff’s Eighth Amendment safety claim against defendant Custino;
Defendants’ motion for summary judgment (ECF No. 118) is granted as to
plaintiff’s Fourteenth Amendment due process claim against defendant Snow;
Plaintiff’s motion for summary judgment (ECF No. 127) is denied in its
Judgement 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.
DATED: November 21, 2019
/s/ John A. Mendez____________
UNITED STATES DISTRICT COURT JUDGE
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