Botello v. Hanlon et al

Filing 41

ORDER signed by District Judge Troy L. Nunley on 06/15/2020 ADOPTING IN FULL 38 Findings and Recommendations and GRANTING 34 Hanlon's Motion for Summary Judgment as to state-law negligence claim. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICTOR HUGO BOTELLO,

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No. 2:18-cv-00162-TLN-EFB

Plaintiff,
v.

ORDER

S. HANLON, 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 26, 2020, 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. 38.) Plaintiff

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has filed objections to the findings and recommendations (ECF No. 39) and defendants have filed

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a response thereto (ECF No. 40.).

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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

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file, the Court finds the findings and recommendations to be supported by the record and by

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 26, 2020 (ECF No. 38), are

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ADOPTED IN FULL; and
2. Defendant Hanlon’s October 11, 2019 Motion for Summary Judgment of Plaintiff’s
state-law negligence claim (ECF No. 34) is GRANTED.
IT IS SO ORDERED.
DATED: June 15, 2020

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Troy L. Nunley
United States District Judge

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