Beltran v. Baker et al

Filing 128

ORDER signed by District Judge Troy L. Nunley on 05/10/23 ADOPTING 125 Findings and Recommendations in full, DENYING 100 Defendant Guerra's Motion for Summary Judgment; GRANTING 102 Defendants Cross, Tran, Swett, Baker, and Smith's M otion for Summary Judgment; DISMISSING Defendants Cross, Tran, Swett, Baker, and Smith from this action and proceeding against Defendant Guerra only; REFERRING matter back to the assigned magistrate judge for all further pretrial proceedings. (Benson, A.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAIME BELTRAN,

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No. 2:17-cv-01520-TLN-AC

Plaintiff,
v.

ORDER

ERIC R. BAKER, 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.

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On March 13, 2023, 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. (ECF No. 125.)

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Defendant Guerra has filed objections to the findings and recommendations (ECF No. 126), to

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which Plaintiff has responded (ECF No. 127). No other parties have filed objections.

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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 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, 2023 (ECF No. 125), are

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ADOPTED IN FULL;

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2. Defendant Guerra’s motion for summary judgment (ECF No. 100) is DENIED;

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3. Defendants Cross, Tran, Swett, Baker, and Smith’s motion for summary judgment

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(ECF No. 102) is GRANTED;
4. Defendants Cross, Tran, Swett, Baker, and Smith are DISMISSED and this action
proceeds against Defendant Guerra only;
5. This matter is referred back to the assigned magistrate judge for all further pretrial

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proceedings.

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DATE: May 10, 2023

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Troy L. Nunley
United States District Judge

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