Harris v. Kennedy et al

Filing 65

ORDER signed by District Judge Morrison C. England, Jr on 2/13/2018 ADOPTING in FULL 58 Findings and Recommendations; 36 Motion for Summary Judgment is GRANTING as to defendant Carlisle and DENYING as to defendant Kennedy; and This case is referred back to the assigned magistrate judge for all further pretrial proceedings.(Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID D. HARRIS,

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Plaintiff,

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No. 2:16-cv-0588 MCE DB P

v.

ORDER

N. KENNEDY, 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.
On January 9, 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. Defendant Kennedy has

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filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 9, 2018 are adopted in full;

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2. Defendants’ motion for summary judgment (ECF No. 36) is granted as to defendant

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Carlisle and denied as to defendant Kennedy; and
3. This case is referred back to the assigned magistrate judge for all further pretrial
proceedings.
IT IS SO ORDERED.
Dated: February 13, 2018

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