Leonard v. Thompson et al

Filing 66

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/4/2020 ADOPTING the findings and recommendations filed 5/4/2020, in full;DISMISSING Defendant Metzger from this action; GRANTING Defendant Clemente's motion for summary judgment (ECF No. 41 ) ; GRANTING Defendant Thompson's motion for summary judgment (ECF No. 42 ) and DENYING Plaintiff's cross-motion for summary judgment (ECF No. 46 ). (Becknal, R)

Case 2:16-cv-02767-KJM-DB Document 66 Filed 09/08/20 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREDERICK E. LEONARD,

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Plaintiff,

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No. 2:16-cv-2767 KJM DB P

v.

ORDER

M. THOMPSON, 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 as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On May 4, 2020, the magistrate judge filed findings and recommendations, which were

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

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and recommendations were to be filed within twenty-one days. (ECF No. 61.) Plaintiff has filed

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objections to the findings and recommendations. (ECF No. 62.) Defendants have responded to

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the objections and plaintiff has filed a reply. (ECF Nos. 63, 64.)

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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 reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by the proper analysis.

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Case 2:16-cv-02767-KJM-DB Document 66 Filed 09/08/20 Page 2 of 2
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed May 4, 2020, are adopted in full;

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2. Defendant Metzger is dismissed from this action;

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3. Defendant Clemente’s motion for summary judgment (ECF No. 41) is granted;

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4. Defendant Thompson’s motion for summary judgment (ECF No. 42) is granted; and

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5. Plaintiff’s cross-motion for summary judgment (ECF No. 46) is denied.

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DATED: September 4, 2020.

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