Preston v. Ahmed et al

Filing 82

JUDGMENT. Signed by Magisrate Judge Donna M. Ryu on 9/19/17. (ig, COURT STAFF) (Filed on 9/19/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROBERT PRESTON, Case No. 15-cv-04840-DMR (PR) Plaintiff, JUDGMENT 8 v. 9 10 ZAHED U. AHMED, et al., Defendants. United States District Court Northern District of California 11 12 13 For the reasons set forth in the court’s Order Granting Defendants’ Motion for Summary Judgment; and Denying Plaintiff’s Cross-Motion for Summary Judgment, 14 IT IS ORDERED AND ADJUDGED 15 That Plaintiff’s complaint is DISMISSED without prejudice to refiling his Eighth 16 Amendment claims for monetary damages relating to the ten allegations (outlined in the court’s 17 Order) after exhausting California’s prison administrative process; that any such claim against 18 Defendants Ahmed, Bright, Ellis, and Adams relating to the grievance process is DISMISSED 19 with prejudice; that judgment is hereby entered as to the remaining Eighth Amendment claims in 20 favor of Defendants Ahmed, Bright, Chudy, Sepulveda, Ellis, and Adams in accordance with the 21 court’s Order; and that each party bear its own costs of action. 22 Dated: September 19, 2017 23 24 25 26 27 28 ______________________________________ DONNA M. RYU United States Magistrate Judge 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 ROBERT PRESTON, Case No. 4:15-cv-04840-DMR Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 ZAHED U. AHMED, et al., Defendants. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on September 19, 2017, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 Robert Preston ID: K87715 F3-A-23-1L P.O. Box 5244 Corcoran, CA 93212-5244 19 20 Dated: September 19, 2017 21 22 Susan Y. Soong Clerk, United States District Court 23 24 25 26 27 By:________________________ Ivy Lerma Garcia, Deputy Clerk to the Honorable DONNA M. RYU 28 2

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