Charles Thomas Clagett, III v. J. Woodring et al, No. 2:2008cv06251 - Document 111 (C.D. Cal. 2012)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge John F. Walter for MOTION for Summary Judgment, 95 . IT IS ORDERED that: The Motion is GRANTED, in part, to grant defendants summary judgment on plaintiff's Fifth Amendment and Eighth Amendment claims based on the removal of his bedding, and those claims are dismissed with prejudice; and The Court's ruling on the remainder of the Motion, and thus on the question of whether or not summary judgment i s warranted as to the remainder of plaintiff's claims, is DEFERRED pending the further proceedings contemplated in the Report and the Magistrate Judge's issuance of a separate Report and Recommendation with respect to those remaining claims. (mz) Modified on 3/7/2012 (mz).