(PC) Fearence v. Schulteis et al, No. 1:2008cv00615 - Document 103 (E.D. Cal. 2015)

Court Description: ORDER ADOPTING 100 FINDINGS AND RECOMMENDATIONS; ORDER Granting Defendants' 95 Motion for Partial Summary Judgment signed by District Judge Lawrence J. O'Neill on 09/30/2015. (Flores, E)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JACQUES FEARANCE, Plaintiff, 12 13 14 15 Case No. 1:08-cv-00615-LJO-SAB-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No.100) v. ORDER GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT S. HOPKINS, et al., Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 Plaintiff is a state prisoner proceeding pro se and in forma pauperis pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302. On August 13, 2015, findings and recommendations were entered, recommending that Defendants’ motion for partial summary judgment be granted. opportunity to file objections within thirty days. Plaintiff was provided an On September 17, 2015, Plaintiff filed objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the record to be supported by the record and proper analysis. Accordingly, THE COURT HEREBY ORDERS that: 28 1 1 1. The findings and recommendations issued by the Magistrate Judge on August 13, 2 2015, are adopted in full; 3 2. Plaintiff’s excessive force claim against Defendant Busby is dismissed; 4 3. Plaintiff’s conspiracy claim against all five Defendants is dismissed; 5 4. Plaintiff’s failure to protect claim against Defendants Hopkins, Davis, Duffy and 6 Beckett relating to Busby’s use of pepper spray is dismissed; and 7 5. This action proceeds against Defendant Hopkins for use of excessive force and 8 against Defendants Beckett, Davis and Duffy for failure to protect Plaintiff from Defendant 9 Hopkins’ use of force. 10 11 12 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill September 30, 2015 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.