Ruiz v. Oliveira et al

Filing 62

ORDER (1) Adopting 56 Report and Recommendation and (2) Granting 39 Defendants' Motion for Summary Judgment. This Court, having reviewed de novo the Magistrate Judge's R&R, adopts the R&R in its entirety and grants Defendants' motion for summary judgment. The Clerk of Court shall enter judgment accordingly, and close this case. Signed by Judge Dana M. Sabraw on 9/14/2019.(All non-registered users served via U.S. Mail Service)(aef)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ROGELIO MAY RUIZ,

Case No.: 17cv1914 DMS (AHG)
Plaintiff,

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v.

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ORDER (1) ADOPTING REPORT
AND RECOMMENDATION AND (2)
GRANTING DEFENDANTS’
MOTION FOR SUMMARY
JUDGMENT

R. OLIVEIRA, et al.,
Defendant.

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On September 19, 2017, Plaintiff Rogelio May Ruiz, a state prisoner proceeding pro

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se, filed a Complaint Under the Civil Rights Act 42 U.S.C. § 1983. Plaintiff alleges his

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constitutional rights were violated while he was housed at Richard J. Donovan Correctional

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Facility.

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On February 15, 2019, Defendants R. Oliveira and B. Self filed a motion for

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summary judgment. Plaintiff submitted an opposition to the motion, but it was in Spanish.

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Nevertheless, the Court accepted Plaintiff’s filing, and directed him to resubmit his

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opposition in English. Plaintiff thereafter submitted three additional opposition briefs, but

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again, they were all in Spanish.

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17cv1914 DMS (AHG)

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On July 15, 2019, Magistrate Judge Nita L. Stormes issued a Report and

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Recommendation ("R&R") on the motion, recommending that it be granted.1 Plaintiff filed

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objections to the R&R, but as with his opposition briefs, it is in Spanish.

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This Court, having reviewed de novo the Magistrate Judge's R&R, adopts the R&R

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in its entirety and grants Defendants’ motion for summary judgment. The Clerk of Court

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shall enter judgment accordingly, and close this case.

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IT IS SO ORDERED.

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Dated: September 24, 2019

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Subsequent to issuance of the R&R, the case was transferred from Judge Stormes to
Magistrate Judge Alison H. Goddard.
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17cv1914 DMS (AHG)