Etuate Sekona v. Lizarraga et al

Filing 77

ORDER signed by District Judge Kimberly J. Mueller on 10/8/2019 ADOPTING 72 Findings and Recommendations in full and GRANTING IN PART AND DENYING IN PART 62 Motion for Summary Judgment as follows: Plaintiff's due process claim against defendant Hernandez is DISMISSED without prejudice; and 62 Motion for Summary Judgment is otherwise DENIED. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ETUATE SEKONA,

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Plaintiff,

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No. 2:17-cv-0346-KJM-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 as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 19, 2019, the magistrate judge filed findings and recommendations, 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. Neither party has filed

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objections to the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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

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See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the

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magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”).

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Having reviewed the file, the court finds the findings and recommendations to be supported by

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the record and by the proper analysis.

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1. The findings and recommendations filed August 19, 2019, are adopted in full;

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2. Defendants’ April 25, 2019 motion for summary judgment (ECF No. 62) is granted in

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part and denied in part as follows:

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a. Plaintiff’s due process claim against defendant Hernandez is dismissed without

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prejudice; and

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b. The motion for summary judgment is otherwise denied.

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DATED: October 8, 2019.

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UNITED STATES DISTRICT JUDGE

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