(PC) Jaramillo v. Tappan et al

Filing 66

ORDER signed by Senior District Judge William B. Shubb on 06/04/2024 ADOPTING 63 Findings and Recommendations in Full and DENYING 53 Motion for Summary Judgment. Plaintiff shall proceed on his Eighth Amendment claim. (Murphy, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RUDIE ANTHONY JARAMILLO,

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No. 2:22-cv-00075-WBS-EFB (PC)

Plaintiff,
v.

ORDER

T. TAPPAN, et al.,
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 February 12, 2024, 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. (Docket No. 63.) The

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Magistrate Judge recommended that plaintiff’s motion for summary judgment be denied.

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Although neither party has filed objections to the findings and recommendations, the court

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notes that defendant filed a letter on May 16, 2024 asking for the status of his case. (Docket No.

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65.) The court also notes that plaintiff has filed change of address notices three times since filing

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the motion for summary judgment. (Docket Nos. 55, 62, 64.) The first notice, indicating he was

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moved to California State Prison - Mule Creek, was filed April 6, 2023. The second notice,
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indicating he was moved to California State Prison - Pleasant Valley, was filed January 16, 2024,

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almost a month before the issuance of the findings and recommendations. The third notice,

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indicating he was moved to back to CSP - Mule Creek, was filed April 4, 2024, almost two

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months after the issuance of the findings and recommendations. The docket also reflects that the

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court’s findings and recommendations were mailed to plaintiff’s address at CSP Pleasant Valley

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on February 12, 2024. Thus, notwithstanding the ambiguity of plaintiff’s May 16, 2024 letter and

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plaintiff’s multiple transfers, it appears that the findings and recommendations were received by

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plaintiff with sufficient time to file any objections.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed February 12, 2024 (Docket No. 63), are
adopted in full;

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2. Plaintiff’s March 28, 2023 motion for summary judgment (Docket No. 53) is DENIED.

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3. Plaintiff shall proceed on his Eighth Amendment claim for excessive force against

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defendant Tappan.

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Dated: June 4, 2024

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