Antoine LeBlanc v. D. Tabak et al, No. 2:2016cv03270 - Document 62 (C.D. Cal. 2018)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITEDSTATES MAGISTRATE JUDGE by Judge Josephine L. Staton. Defendant's Motion for Summary Judgment is granted and Judgment shall be entered in favor of defendant. 58 . (et)
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Antoine LeBlanc v. D. Tabak et al Doc. 62 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ANTOINE P. LeBLANC, 12 13 14 15 Plaintiff, v. D. TABAK, et al., Case No. CV 16-03270-JLS (AFM) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Defendants. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on 18 file and the Report and Recommendation of United States Magistrate Judge. 19 Further, the Court has engaged in a de novo review of those portions of the Report 20 to which objections have been made. 21 Petitioner’s objections are overruled for the reasons stated in the Report and 22 Recommendation. With regard to plaintiff’s contention that the Report and 23 Recommendation incorrectly states that he was outside of his cell when he pulled 24 the handcuffs from Officer Tabak’s hands (see R&R at 15, 19), the record shows 25 that plaintiff was inside the cell when this took place − as correctly stated in the 26 Undisputed Facts section of the Report and Recommendation (R&R at 27 However, this distinction between outside and inside the cell is not material to the 28 Report and Recommendation’s conclusions (i) that Officer Tabak’s use of force 6). Dockets.Justia.com 1 was de minimis and was not a violation of the Eighth Amendment; and (ii) that 2 Officer Tabak filed the RVR because plaintiff refused to obey orders to return to his 3 cell and not because of retaliatory intent. 4 With this clarification, IT THEREFORE IS ORDERED that (1) the Report 5 and Recommendation of the Magistrate Judge is accepted and adopted; (2) 6 defendant’s Motion for Summary Judgment is granted; and (3) judgment shall be 7 entered in favor of defendant. 8 9 DATED: October 2, 2018 10 11 12 ____________________________________ JOSEPHINE L. STATON UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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