Brown v. Benavidez et al

Filing 79

ORDER signed by District Judge Dale A. Drozd on 9/6/2022 ADOPTING 77 Findings and Recommendations in full; GRANTING defendants' 64 Motion for Summary Judgment; DENYING plaintiff's 73 Motion for Summary Judgment. The Clerk is directed to enter judgment in defendants' favor and close this action. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELI’EZER RE’UEL BEN-BINYAMIN,

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Plaintiff,

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No. 2:18-cv-01015-DAD-JDP (PC)

v.
C. RAMIREZ, et al.,

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Defendants.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING
DEFENDANTS’ MOTION FOR SUMMARY,
AND DENYING PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT
(Doc. Nos. 64, 73, 77)

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Plaintiff Eli’ezer Re’uel Ben-Binyamin is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a

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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 26, 2022, the assigned magistrate judge issued findings and recommendations,

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recommending that plaintiff’s motion for summary judgment (Doc. No. 73) be denied and that

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defendants’ motion summary judgment (Doc. No. 64) be granted. (Doc. No. 77.) The findings

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and recommendations were served on all parties and contained notice that any objections thereto

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were to be filed within fourteen (14) days of service. (Id. at 7.) No objections have been filed

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and the time to do so has since passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, court finds the findings and

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recommendations to be supported by the record and proper analysis.

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Accordingly,

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1.

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The findings and recommendations issued on July 26, 2022 (Doc. No. 77) are
adopted in full; and

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2.

Defendants’ motion for summary judgment (Doc. No. 64) is granted;

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3.

Plaintiff’s motion for summary judgment (Doc. No. 73) is denied; and

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4.

The Clerk of Court is directed to enter judgment in defendants’ favor and close

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this action.
IT IS SO ORDERED.
Dated:

September 6, 2022
UNITED STATES DISTRICT JUDGE

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