Hammitt v. Butte County Jail et al.

Filing 53

ORDER signed by District Judge Kimberly J. Mueller on 9/26/2018 ADOPTED in Full 51 the Findings and Recommendations; Motion for Summary Judgment 38 is DENIED; and this matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Reader, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

THOMAS FRANKLIN HAMMITT,

12
13
14
15

No. 2:16-cv-2644 KJM KJN P

Plaintiff,
v.

ORDER

BUTTE COUNTY JAIL, et al.,
Defendants.

16
17

Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking

18

relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as

19

provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On June 19, 2018, the magistrate judge filed findings and recommendations, which

21

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

22

findings and recommendations were to be filed within fourteen days. Neither party has filed

23

objections to the findings and recommendations.

24

The court presumes that any findings of fact are correct. See Orand v. United

25

States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

26

reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

27

1983). Having reviewed the file, the court finds the findings and recommendations to be

28

supported by the record and by the proper analysis.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed June 19, 2018, are adopted in full;

3

2. Defendants’ summary judgment motion (ECF No. 38) is denied; and

4

3. This matter is referred back to the assigned magistrate judge for all further

5

pretrial proceedings.

6

DATED: September 26, 2018.

7
8

UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2