Dunsmore v. Thomas

Filing 33

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/25/23 ADOPTING in full 32 Findings and Recommendations and DENYING 25 Motion for Summary Judgment. The matter is REFERRED BACK to the magistrate judge for all further proceedings. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRYL DUNSMORE,

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Plaintiff,

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No. 2:17-cv-02355 KJM AC P

v.

ORDER

M. THOMAS,

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Defendant.

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Plaintiff, a state prisoner proceeding in forma pauperis is represented by counsel. He has

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filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a

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United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 11, 2023, the magistrate judge issued 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. ECF No. 32. Neither party

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has filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,

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

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

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by the 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

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supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations issued August 11, 2023 (ECF No. 32), are

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ADOPTED in full;

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2. Defendant’s motion for summary judgment (ECF No. 25) is DENIED, and

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3. The matter is REFERRED BACK to the magistrate judge for all further proceedings.

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DATED: September 25, 2023.

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