(PC) Fields v. Patterson et al, No. 1:2010cv01700 - Document 64 (E.D. Cal. 2015)

Court Description: ORDER ADOPTING Findings and Recommendations 63 ; ORDER GRANTING Defendant Patterson's Motion for Partial Summary Judgment for Failure to Exhaust 35 ; ORDER DISMISSING Claim Against Defendant Patterson for Slamming Plainitiff into a "Bar Box", with Prejudice,Referred back to Magistrate Judge, signed by District Judge Lawrence J. O'Neill on 08/01/2015. (Martin-Gill, S)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 KEVIN E. FIELDS, 11 12 13 14 1:10-cv-01700-LJO-GSA-PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 63.) vs. ORDER GRANTING DEFENDANT PATTERSON’S MOTION FOR PARTIAL SUMMARY JUDGMENT FOR FAILURE TO EXHAUST (ECF No. 35.) P. PATTERSON, et al., Defendants. 15 16 ORDER DISMISSING CLAIM AGAINST DEFENDANT PATTERSON FOR SLAMMING PLAINTIFF INTO A “BAR BOX,” WITH PREJUDICE 17 18 19 20 Kevin E. Fields (APlaintiff@) is a state prisoner proceeding pro se in this civil rights 21 action pursuant to 42 U.S.C. ' 1983. The matter was referred to a United States Magistrate 22 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On June 19, 2015, findings and recommendations were entered, recommending that 24 defendant Patterson’s motion for partial summary judgment for failure to exhaust be granted. 25 (ECF No. 63.) The parties were allowed thirty days in which to file objections to the findings 26 and recommendations. To date, no objections have been filed. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 28 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 1 1 the Court finds the findings and recommendations to be supported by the record and proper 2 analysis. 3 Accordingly, THE COURT HEREBY ORDERS that: 4 1. 5 6 2015 are ADOPTED IN FULL; and 2. 7 8 3. Plaintiff’s claim against defendant Patterson for slamming Plaintiff into a “bar box,” is dismissed with prejudice, for Plaintiff’s failure to exhaust administrative 10 remedies before filing suit; 4. This case now proceeds only on Plaintiff’s claim for use of excessive force against defendant Patterson for applying Plaintiff’s handcuff too tight; and 12 13 Defendant Patterson’s motion for partial summary judgment for failure to exhaust, filed on September 10, 2014, is GRANTED; 9 11 The Findings and Recommendations issued by the Magistrate Judge on June 19, 5. This case is referred back to the Magistrate Judge for further proceedings. 14 15 16 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill August 1, 2015 UNITED STATES DISTRICT JUDGE 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.