(PC) Bagent v. Pierce et al, No. 1:2006cv01842 - Document 81 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 75 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER GRANTING 54 Defendants Mims and Johnson's Motion for Summary Judgment, signed by District Judge Lawrence J. O'Neill on 8/11/2010. (Jessen, A)

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(PC) Bagent v. Pierce et al Doc. 81 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOHN BAGENT, 10 11 12 CASE NO. 1:06-cv-01842-LJO-SMS PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND GRANTING DEFENDANTS MIMS AND JOHNSON’S MOTION FOR SUMMARY JUDGMENT v. RICHARD PIERCE, et al., (Docs. 54 and 75) 13 Defendants. / 14 15 Plaintiff John Bagent, a civil detainee proceeding pro se and in forma pauperis, filed this civil 16 rights action pursuant to 42 U.S.C. § 1983 on December 20, 2006. This action is proceeding on 17 Plaintiff’s Amended Complaint, filed May 15, 2007, against Defendants Mims, Johnson, and 18 Transcor America, LLC. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 1, 2010, the Magistrate Judge filed a Findings and Recommendations recommending 21 Defendants Mims and Johnson’s Motion for Summary Judgment be granted. After obtaining an 22 extension of time, Plaintiff filed timely a timely Objection on August 3, 2010, and Defendants 23 Mimms and Johnson filed a Response on August 10, 2010. Local Rule 304(a),(d). 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 25 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 26 Recommendations to be supported by the record and by proper analysis. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. The Findings and Recommendations, filed July 1, 2010, is adopted in full; and 1 Dockets.Justia.com 1 2. Defendants Mims and Johnson’s Motion for Summary Judgment, filed February 5, 2010, is GRANTED based on qualified immunity.1 2 3 4 5 IT IS SO ORDERED. Dated: b9ed48 August 11, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Remaining Defendant Transcor America, LLC’s Motion for Summary Judgment is under submission. Judgment for Defendants Mims and Johnson will be entered at the conclusion of this action in its entirety. Fed. R. Civ. P. 54(b). 2

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