(PC) Hernandez v. Yates et al, No. 1:2010cv01064 - Document 60 (E.D. Cal. 2015)
Court Description: ORDER Adopting Findings And Recommendations, Granting Summary Judgment In Favor Of Defendant On Plaintiff's March 12, 2010 Claim Of Excessive Force (ECF Nos. 50 , 58 ), signed by District Judge Lawrence J. O'Neill on 10/22/2015. IT IS HEREB Y ORDERED that: The Findings and Recommendations, filed on September 4, 2015, is adopted in full. Defendants motion for summary judgment is GRANTED, judgment shall be entered in favor of Defendant on Plaintiffs excessive force claim arising on March 12, 2010, and this action shall proceed on Plaintiffs separate claim of excessive force arising on May 3, 2011. Within thirty (30) days from the date of service of this order, Defendants shall file a response to Plaintiffs pending motion for summary judgment, filed April 22, 2015 (ECF No. 49.)(Fahrney, E)
Download PDF
<![CDATA[
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TONY HERNANDEZ, 12 Plaintiff, 13 v. 14 A. MARTINEZ, 15 Defendant. 16 Case No.: 1:10-cv-01064-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT ON PLAINTIFF’S MARCH 12, 2010 CLAIM OF EXCESSIVE FORCE [ECF Nos. 50, 58] Plaintiff Tony Hernandez is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. 19 On September 4, 2015, the Magistrate Judge filed a Findings and Recommendations which 20 was served on the parties and which contained notice to the parties that objections to the Findings and 21 Recommendations were to be filed within thirty days. Plaintiff filed objections on September 23, 22 2015. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 24 novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections, 25 the Court finds the Findings and Recommendations to be supported by the record and by proper 26 analysis. 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed on September 4, 2015, is adopted in full; 3 2. Defendant’s motion for summary judgment is GRANTED, judgment shall be entered in 4 favor of Defendant on Plaintiff’s excessive force claim arising on March 12, 2010, and this action 5 shall proceed on Plaintiff’s separate claim of excessive force arising on May 3, 2011; and 6 7 3. Within thirty (30) days from the date of service of this order, Defendants shall file a response to Plaintiff’s pending motion for summary judgment, filed April 22, 2015 (ECF No. 49.) 8 9 10 11 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill October 22, 2015 UNITED STATES DISTRICT JUDGE 12 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.
