Fordley v. Lizarraga et al

Filing 89

ORDER ADOPTING 75 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 07/30/18. Within 45 days, Plaintiff shall file a supplemental opposition to the 46 Motion for Summary Judgment, including all evidence h e wishes to present to show that he filed a grievance concerning the claims in this action in March 2016. Defendants are granted 21 days after the filing of Plaintiff's supplemental opposition to file a supplemental reply. Plaintiff is directe d to inform the court within 21 days if he cannot access his legal materials or otherwise prepare the supplemental opposition ordered by the Court. Defendants' 46 11/07/17 Motion for Summary Judgment is GRANTED IN PART as to Plaintiff's claims that Defendants Watson, Winkfield, and Garcia provided him with razor blades on May 5 and 6, 2016 and encouraged him to commit suicide, and such claims are DISMISSED without prejudice for failure to exhaust administrative remedies. Consideration of the remainder of Defendant's 46 11/07/17 Motion for Summary Judgment is DEFERRED pending receipt of the supplemental briefing. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN FREDERICK FORDLEY,

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Plaintiff,

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No. 2:16-cv-1985-MCE-EFB P

v.

ORDER

JOE LIZARRAGA, 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 May 3, 2018, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. ECF No. 75. Plaintiff 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

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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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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed May 3, 2018, ECF No. 75, are ADOPTED IN

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FULL.

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2. Within 45 days from the date of electronic filing of this order, Plaintiff is directed to

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file a supplemental opposition to the motion for summary judgment, including all evidence he

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wishes to present to show that he filed a grievance concerning the claims in this action in March

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2016.

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3. Defendants are granted 21 days after the filing of Plaintiff’s supplemental opposition to
file a supplemental reply.

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4. Plaintiff is directed to inform the court within 21 days of the date of electronic filing of

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this order if he cannot access his legal materials or otherwise prepare the supplemental opposition

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ordered by the Court.

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5. Defendants’ November 7, 2017 motion for summary judgment, ECF No. 46, is

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GRANTED in part as to Plaintiff’s claims that Defendants Watson, Winkfield, and Garcia

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provided him with razor blades on May 5 and 6, 2016 and encouraged him to commit suicide, and

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such claims are DISMISSED without prejudice for failure to exhaust administrative remedies.

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6. Consideration of the remainder of Defendant’s November 7, 2017 motion for summary
judgment is deferred pending receipt of the supplemental briefing.
IT IS SO ORDERED.
Dated: July 30, 2018

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