-SMS (PC) Herrera v. Hall et al, No. 1:2008cv01882 - Document 89 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 79 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER GRANTING 68 Defendants Grannis, Hall, Moonga and Zamora's Motion for Summary Judgment; and ORDER DISMISSING Defendants Grannis, Hall, Moonga and Zamora From Action, signed by District Judge Lawrence J. O'Neill on 8/10/2011. (Jessen, A)

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-SMS (PC) Herrera v. Hall et al Doc. 89 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 CARLOS HERRERA, 10 CASE NO. 1:08-cv-01882-LJO-SMS PC Plaintiff, 11 v. 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING DEFENDANTS GRANNIS, HALL, MOONGA AND ZAMORA’S MOTION FOR SUMMARY JUDGMENT C. HALL, et al., 13 Defendants. (ECF Nos. 68, 70, 72, 75, 79) / 14 15 I. Procedural History 16 Plaintiff Carlos Herrera (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the 18 first amended complaint, filed June 19, 2009, against Defendants Lopez, Hall, Grannis, Turella, 19 Penner, Zamora, and Moonga for deliberate indifference to serious medical needs.1 The matter was 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 21 302. 22 On May 17, 2011, the Magistrate Judge issued findings and recommendations recommending 23 that Defendants Grannis, Hall, Moonga, and Zamora’s motion for summary judgment be granted. 24 Plaintiff filed objections to the findings and recommendations on August 1, 2011, and Defendants 25 filed a reply on July 29, 2011. The Court has considered the objections and reply. 26 27 28 1 Defendants Dill and Bluford were dismissed from the action for Plaintiff’s failure to effect service of process on August 30, 2010. (ECF No. 65.) 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the undersigned finds the 3 findings and recommendations to be supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations, filed May 17, 2011, is adopted in full; 6 2. Defendants Grannis, Hall, Moonga, and Zamora’s motion for summary judgment, 7 filed October 29, 2010, is GRANTED; 8 3. Defendants Grannis, Hall, Moonga, and Zamora are dismissed from the action; and 9 4. This matter is referred back to the Magistrate Judge for further proceedings. 10 IT IS SO ORDERED. 11 Dated: b9ed48 August 10, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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