Belyew v. Hornea et al

Filing 95

ORDER signed by Chief District Judge Kimberly J. Mueller on 12/21/2023 ADOPTING 91 Findings and Recommendations in full and GRANTING 65 Motion for Summary Judgment as to Claim 1 on the ground Moreland did not violate Plaintiff's Fourth Amendment rights. CASE CLOSED. (Clemente Licea, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LISA MARIE BELYEW,

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No. 2:17-cv-00508 KJM AC P

Plaintiff,
v.

ORDER

KORY L. HONEA, et al.,
Defendants.

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Plaintiff, a former county and current state prisoner proceeding pro se, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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

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On September 13, 2023, the magistrate judge filed amended findings and

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recommendations, which were served on all parties and which contained notice to all parties that

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any objections to the findings and recommendations were to be filed within twenty-one days.

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ECF No. 91. Plaintiff has filed objections to the findings and recommendations (ECF No. 92), to

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which defendants have responded (ECF No. 93).

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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. The

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court has reviewed plaintiff’s objections and find the magistrate judge has already considered and
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addressed those arguments in the findings and recommendations. As to plaintiff’s argument

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about qualified immunity, this court simply notes it is bound to apply the doctrine of qualified

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immunity if it applies irrespective of whether it is a judge-made doctrine. See Gomez v. City of

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Vacaville, 483 F. Supp. 3d 850, 865 (E.D. Cal. 2020).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed September 13, 2023 (ECF No. 91), are

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adopted in full;
2. The motion for summary judgment (ECF No. 65) is granted as to Claim One on the
ground Moreland did not violate plaintiff’s Fourth Amendment rights;

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3. This case is dismissed; and

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4. Judgment shall be entered in defendants’ favor.

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DATED: December 21, 2023.

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