-GSA (PC) Maddox v. Yates, et al., No. 1:2007cv01227 - Document 43 (E.D. Cal. 2011)
Court Description: ORDER RE: FINDINGS AND RECOMMENDATIONS 36 , signed by District Judge Lawrence J. O'Neill on 10/7/11: The Findings and Recommendations are adopted in full; Defendants' motion for summary judgment is GRANTED & DENIED IN PART; Action is referred to the Magistrate Judge for pretrial proceedings on Plaintiff's claim of excessive force against Defendant Battle.(Hellings, J)
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-GSA (PC) Maddox v. Yates, et al. Doc. 43 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 DAVID MADDOX, ) ) Plaintiff, ) ) v. ) ) SGT. LADD, et al., ) ) Defendants. ) ____________________________________) NO. 1:07 cv 01227 LJO GSA PC ORDER RE: FINDINGS & RECOMMENDATIONS Document # 36 15 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter was 17 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 18 302. 19 On July 21, 2011, findings and recommendations were entered, recommending the 20 Defendants’ motion for summary judgment be granted as to Defendants Vang and Ladd, and 21 denied as to Defendant Battle. Plaintiff was provided an opportunity to file objections. On 22 October 6, 2011, Plaintiff filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this 24 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 25 court finds the findings and recommendations to be supported by the record and proper analysis. 26 Accordingly, THE COURT HEREBY ORDERS that: 27 1. The Findings and Recommendations issued by the Magistrate Judge on July 21, 2011, 28 Dockets.Justia.com 1 are adopted in full; and 2 3 2. Defendants’ motion for summary judgment is granted in favor of Defendants Ladd and Vang, and against Plaintiff. 4 3. Defendants’ motion for summary judgment is denied as to Defendant Battle. This 5 action is referred to the Magistrate Judge for pretrial proceedings on Plaintiff’s claim of 6 excessive force against Defendant Battle. 7 8 IT IS SO ORDERED. 9 Dated: b9ed48 October 7, 2011 /s/ Lawrence J. O'Neill 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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