(PC)Guzman v. Marshall et al, No. 1:2012cv00828 - Document 55 (E.D. Cal. 2016)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING Defendants' Motion for Summary Judgment 46 , 53 , signed by District Judge Lawrence J. O'Neill on 2/11/16: Defendants' motion for summary judgment is DENIED, and this matter shall proceed to jury trial. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAFAEL GUZMAN, 12 Plaintiff, 13 v. 14 JOHN MARSHALL, et al., 15 Defendants. 16 Case No.: 1:12-cv-00828-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [ECF Nos. 46, 53] Plaintiff Rafael Guzman is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. 19 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 20 636(b)(1)(B) and Local Rule 302. On December 17, 2015, the Magistrate Judge filed Findings and 21 Recommendation which was served on the parties and which contained notice to the parties that 22 objections to the Findings and Recommendation were to be filed within thirty days. No objections 23 were filed. 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 Recommendation to be supported by the record and by proper analysis. 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. and 3 4 The Findings and Recommendations, filed on December 17, 2015, is adopted in full; 2. Defendants’ motion for summary judgment is DENIED, and this matter shall proceed to jury trial. 5 6 7 8 9 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill February 11, 2016 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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