(PC) Thomas v. Garcia et al, No. 1:2008cv00689 - Document 130 (E.D. Cal. 2012)

Court Description: ORDER Adopting 129 Findings and Recommendations and Denying Defendants' 115 Motion for Summary Judgment, signed by District Judge Lawrence J. O'Neill on 12/10/12. (Gonzalez, R)

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(PC) Thomas v. Garcia et al Doc. 130 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JEAN-PIERRE K. THOMAS, 10 11 12 CASE NO. 1:08-cv-00689-LJO-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT v. M. GARCIA, et al., ECF No. 129 13 Defendants. 14 / 15 16 Plaintiff Jean-Pierre K. Thomas (“Plaintiff”) is a California state prisoner proceeding pro se 17 in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s complaint 18 against Defendants M. P. Garcia and Bonilla for excessive force in violation of the Eighth 19 Amendment. On April 9, 2012, Defendants filed a Motion for Summary Judgment. ECF No. 115. 20 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 21 and Local Rule 302. 22 On November 6, 2012, the Magistrate Judge filed a Findings and Recommendations which 23 was served on the parties and which contained notice to the parties that any objection to the Findings 24 and Recommendations was to be filed within fourteen days. ECF No. 129. No party filed a timely 25 Objection to the Findings and Recommendations. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 27 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 28 Recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed November 6, 2012, is adopted in full; 3 2. Defendants’ Motion for Summary Judgment, filed April 9, 2012, is denied; and 4 3. The matter is referred to the Magistrate Judge for further proceedings. 5 IT IS SO ORDERED. 6 Dated: b9ed48 December 10, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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