Davis v. Wheeler et al

Filing 65

ORDER signed by District Judge Troy L. Nunley on 09/28/2021 ADOPTING IN FULL 60 Findings and Recommendations; GRANTING 45 Motion for Summary Judgment and DENYING AS MOOT 64 Motion to Strike. CASE CLOSED. (Rodriguez, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY DAVIS,

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Plaintiff,

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No. 2:16-cv-02917-TLN-DMC

v.

ORDER

Z. WHEELER, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C.

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§ 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District

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of California local rules.
On July 29, 2021, the Magistrate Judge filed findings and recommendations herein which

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were served on the parties and which contained notice that the parties may file objections within

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the time specified therein. (ECF No. 60.) Plaintiff requested an extension of time to file

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objections, (ECF No. 61), which was subsequently granted (ECF No. 62). No objections to the

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findings and recommendations have been filed.
The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and the Magistrate Judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations filed July 29, 2021, (ECF No. 60), are adopted

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2.

Defendants’ motion for summary judgment, (ECF No. 45), is granted;

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3.

Defendants’ motion to strike, (ECF No. 64), is denied as moot; and

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4.

The Clerk of the Court is directed to enter judgment and close this file.

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in full;

DATED: September 28, 2021

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Troy L. Nunley
United States District Judge

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