(PC) Shepard v. Cohen et al, No. 1:2011cv00535 - Document 85 (E.D. Cal. 2015)

Court Description: ORDER ADOPTING 84 FINDINGS AND RECOMMENDATIONS; ORDER Denying Plaintiff's 60 Motion for Summary Judgment and Granting in Part Defendants' 67 Cross-Motion for Summary Judgment; ORDER Entering Summary Judgment in Favor of Defendant V era-Brown on all Claims Against her; ORDER Entering Partial Summary Judgment in Favor of Defendants Dean, Campbell, and Lopez, on Plaintiff's Due Process Claims; ORDER for this Case to Proceed Against Defendant Cohen for Violation of Due Process, and Against Defendants Cohen, Dean, Campbell, and Lopez for Use of Excessive Force signed by District Judge Lawrence J. O'Neill on 09/28/2015. (Flores, E)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 LAMONT SHEPARD, 8 9 10 11 1:11-cv-00535-LJO-GSA-PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 84.) vs. ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT (ECF Nos. 60, 67.) COHEN, et al., Defendants. 12 13 ORDER ENTERING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT VERA-BROWN ON ALL CLAIMS AGAINST HER 14 15 16 ORDER ENTERING PARTIAL SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS DEAN, CAMPBELL, AND LOPEZ, ON PLAINTIFF’S DUE PROCESS CLAIMS 17 18 ORDER FOR THIS CASE TO PROCEED AGAINST DEFENDANT COHEN FOR VIOLATION OF DUE PROCESS, AND AGAINST DEFENDANTS COHEN, DEAN, CAMPBELL, AND LOPEZ FOR USE OF EXCESSIVE FORCE 19 20 21 22 23 Benito Reyes (APlaintiff@) is a state prisoner proceeding pro se with this civil rights 24 action pursuant to 42 U.S.C. ' 1983. The matter was referred to a United States Magistrate 25 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 26 On September 2, 2015, findings and recommendations were entered, recommending 27 that Plaintiff’s motion for summary judgment be denied, and Defendants’ cross-motion for 28 summary judgment be granted in part and denied in part. (ECF No. 84.) The parties were 1 1 granted twenty days in which to file objections to the findings and recommendations. (Id.) To 2 date, no objections have been filed. 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 4 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 5 the Court finds the findings and recommendations to be supported by the record and proper 6 analysis. 7 Accordingly, THE COURT HEREBY ORDERS that: 8 1. 9 10 September 2, 2015, are ADOPTED IN FULL; 2. 11 12 3. 4. Order entering summary judgment in favor of defendant Vera-Brown on all of Plaintiff’s claims against her; 5. Order entering partial summary judgment in favor of defendants Dean, Campbell, and Lopez, on Plaintiff’s due process claims; 17 18 Defendants’ cross-motion for summary judgment, filed on December 8, 2014, is GRANTED in part and DENIED in part; 15 16 Plaintiff’s motion for summary judgment, filed on October 14, 2014, is DENIED; 13 14 The Findings and Recommendations issued by the Magistrate Judge on 6. Order for this case to proceed against defendant Cohen for violation of due 19 process, and against defendants Cohen, Dean, Campbell, and Lopez for use of 20 excessive force; and 21 7. Order referring this case back to the Magistrate Judge for further proceedings. 22 23 24 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill September 28, 2015 UNITED STATES DISTRICT JUDGE 25 26 27 28 2

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