Harris v. Macomber et al

Filing 145

ORDER signed by District Judge Troy L. Nunley on 9/29/22 ADOPTING 140 Findings and Recommendations and GRANTING IN PART AND DENYING IN PART 118 Motion for Summary Judgment. Defendants Calderon, Rose, Fuller, Cervantes, and Thompson are DISMISSED without prejudice. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GRADY HARRIS,

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Plaintiff,

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No. 2:16-cv-00830-TLN-DB

v.

ORDER

JEFF MACOMBER, 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 September 8, 2022, 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. (ECF No. 140.) Neither

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party has 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, the

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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 September 8, 2022 (ECF No. 140) are

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ADOPTED in full; and
2. Defendants’ Motion for Summary Judgment (ECF No. 118) is GRANTED in part and
DENIED in part as follows:
a. Summary judgment is GRANTED as to Defendants Calderon, Rose, Fuller,
Cervantes, and Thompson. These Defendants are DISMISSED without prejudice;
b. Summary judgment is GRANTED as to Plaintiff’s retaliation claim. This claim
is DISMISSED without prejudice; and
c. Summary judgment is DENIED as to Plaintiff’s excessive force claim against

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Defendants Munoz, Fong, and Williamson.

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DATED: September 29, 2022

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Troy L. Nunley
United States District Judge

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