Davis v. Johnson et al

Filing 46

ORDER signed by District Judge John A. Mendez on 6/19/19 ADOPTING the findings and recommendations filed 3/13/19, in full; GRANTING Defendants' motion for summary judgment (ECF No. 37 ) as to defendants Johnson, Graves, LaPastora and Ingra m acting in their individual capacities and all defendants acting in their official capacities; and DENIED as to plaintiff's claim arising under the Eighth Amendment against defendant Gallegos acting in his individual capacity. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS DAVIS,

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Plaintiff,

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No. 2:17-cv-0544 JAM CKD P

v.

ORDER

B. JOHNSON, 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 pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 13, 2019, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within fourteen days. Defendants have filed

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objections to the findings and recommendations.
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 carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 13, 2019, are adopted in full;

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2. Defendants’ motion for summary judgment (ECF No. 37) is granted as to defendants

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Johnson, Graves, LaPastora and Ingram acting in their individual capacities and all defendants

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acting in their official capacities; and

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3. Denied as to plaintiff’s claim arising under the Eighth Amendment against defendant
Gallegos acting in his individual capacity.

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DATED: June 19, 2019
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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