Williams v. Hutson, et al.

Filing 87

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/30/2020 ADOPTING IN FULL 84 Findings and Recommendations and GRANTING 55 , 58 Motion for Summary Judgment. CASE CLOSED. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTONIO RONNELL WILLIAMS,

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No. 2:16-cv-1495 KJM AC P

Plaintiff,

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v.

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HUTSON, et al.,

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ORDER

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 March 19, 2020, the magistrate judge issued findings and recommendations, which

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were served on plaintiff and which contained notice to plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. ECF No. 84. Plaintiff filed

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objections belatedly; the court considers them regardless in the interests of equity. ECF No. 85.

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Defendant Miller responded to the objections. ECF No. 86. In accordance with the provisions of

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28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this

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case.

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With his objections, plaintiff has provided additional pieces of evidence to support his

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argument he was mentally incompetent. Obj., ECF No. 85. Even when considered, the most
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probative piece of evidence, the Suicide Risk Evaluation, Ex. C, does not support his claim of

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incapacity at the time the claim accrued in 2011. The evaluation was completed on February 19,

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2017 and concludes “[t]he evidence strongly suggests [plaintiff] is dissembling [suicidal ideation]

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for secondary gain[.]” Obj. Ex. C. The other mental health documents adduced by plaintiff

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similarly do not suggest legal incompetence at the time the claim accrued.

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Having reviewed the file, the court finds the findings and recommendations to be
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 issued March 19, 2020 (ECF No. 84) are

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ADOPTED in full;

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2. Defendant Miller’s motion for summary judgment (ECF No. 55) is GRANTED,

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3. Defendant Hutson’s motion for summary judgment (ECF No. 58) is GRANTED,

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4. The clerk of court is directed to CLOSE this case.

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DATED: September 30, 2020.

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