(PC) Jesse Washington v. Samuels, No. 1:2012cv01404 - Document 78 (E.D. Cal. 2016)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING Plaintiff's and Defendant's Motions for Summary Judgment 49 , 51 , 73 , signed by District Judge Dale A. Drozd on 1/5/16: The matter is referred back to the Magistrate Judge for further proceedings regarding the schedule and procedures for trial in this civil action. (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 JESSE WASHINGTON, 12 13 14 Plaintiff, v. R. SAMUELS, 15 Defendant. 16 17 18 ) ) ) ) ) ) ) ) ) ) Case No.: 1:12-cv-01404-DAD-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING PLAINTIFF’S AND DEFENDANT’S MOTIONS FOR SUMMARY JUDGMENT [ECF Nos. 49, 51, 73] Plaintiff Jesse Washington is appearing pro se and in forma pauperis in this civil rights action 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 October 20, 2015, the assigned Magistrate Judge filed a 21 Findings and Recommendations recommending that the parties’ cross motions for summary judgment 22 be denied. Those Findings and Recommendations were served on the parties and contained notice that 23 any objections to the Findings and Recommendations were to be filed within thirty days. 24 November 2, 2015, plaintiff filed objections. Local Rule 304(b). On 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a de 26 novo review of this case. Having carefully reviewed the entire file, including plaintiff’s objection, the 27 court finds the Findings and Recommendations to be supported by the record and by proper legal 28 analysis. 1 1 Accordingly: 2 1. The Findings and Recommendations, filed on October 20, 2015, are adopted in full; 3 2. Plaintiff’s motion for summary judgment is DENIED; 4 3. Defendant’s motion for summary judgment is DENIED; and 5 4. The matter is referred back to the Magistrate Judge for further proceedings regarding the schedule and procedures for trial in this civil action. 6 7 8 IT IS SO ORDERED. 9 10 Dated: January 5, 2016 DALE A. DROZD UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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