(PC) Felton v. Lopez, et al., No. 1:2012cv01066 - Document 66 (E.D. Cal. 2015)

Court Description: ORDER ADOPTING 58 FINDINGS AND RECOMMENDATIONS; ORDER Denying Defendant Lopez's 50 Motion for Summary Judgment Based on Failure to Exhaust Remedies for Claims in Supplemental Complaint signed by District Judge Anthony W. Ishii on 03/03/2015. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KELVIN FELTON, 12 13 14 15 1:12-cv-01066-AWI-GSA-PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 58.) vs. ORDER DENYING DEFENDANT LOPEZ’S MOTION FOR SUMMARY JUDGMENT BASED ON FAILURE TO EXHAUST REMEDIES FOR CLAIMS IN SUPPLEMENTAL COMPLAINT (Doc. 50.) J. LOPEZ, et al., Defendants. 16 17 18 19 20 Kelvin Felton (APlaintiff@) is a state prisoner proceeding pro se in this civil rights action 21 pursuant to 42 U.S.C. ' 1983. The matter was referred to a United States Magistrate Judge 22 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 23 On January 23, 2015, findings and recommendations were entered, recommending that 24 Defendant Lopez’s motion for summary judgment be denied. (Doc. 58.) The parties were 25 granted an opportunity to file objections to the findings and recommendations within thirty 26 days. 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 The Findings and Recommendations issued by the Magistrate Judge on January 23, 2015, are ADOPTED IN FULL; and 2. Defendant Lopez’s motion for summary judgment based on Plaintiff’s failure to 7 exhaust remedies for his claims in the Supplemental Complaint, filed on August 8 14, 2014, is DENIED. 9 10 11 IT IS SO ORDERED. Dated: March 3, 2015 SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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