(PC) Drake v. Kernan, et al., No. 1:2017cv01500 - Document 106 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 105 Findings and Recommendations; GRANTING IN PART AND DENYING IN PART 88 Motion for Summary Judgment signed by District Judge Anthony W. Ishii on 3/17/2021. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SAM DRAKE, 12 Plaintiff, 13 14 v. SCOTT KERNAN, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-01500-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING IN PART AND DENYING IN PART DEFENDANTS’ EXHASUTION-RELATED MOTION FOR SUMMARY JUDGMENT (ECF Nos. 88, 105) 17 Plaintiff Sam Drake is appearing pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 11, 2021, the Magistrate Judge issued Findings and Recommendations 21 recommending that Defendants’ exhaustion related motion for summary judgment be granted in part 22 and denied in part. (ECF No. 105.) The Findings and Recommendations were served on the parties 23 and contained notice that objections were due within twenty-one days. No objections have been filed 24 and the time to do so has expired. 25 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this Court 26 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds 27 the Findings and Recommendation to be supported by the record and proper analysis. 28 /// 1 Accordingly, it is HEREBY ORDERED that: 1 2 1. adopted in full; 3 4 2. Defendants’ exhaustion related motion for summary judgment (Doc. No. 88) is granted in part and denied in part; 5 6 The Findings and Recommendations issued on February 11, 2021 (Doc. No. 105), are 3. This action shall proceed on Plaintiff’s claims against: Defendants Allison and Moak; 7 Plaintiff’s claim that in October 2016, Defendant Sexton directed Defendant Dr. 8 McCabe to dispute all injuries that Plaintiff reported had been caused by staff, and 9 directed custody staff not to correct the safety and enemy information in Plaintiff’s 10 prison file; Plaintiff’s Eighth Amendment food contamination claim against Defendant 11 Navarro; Plaintiff’s claim First and Eighth Amendment claims against Defendant 12 Gonzales related to his retaliatory conduct from April 6, 2015 through January 23, 13 2016; and 14 15 4. All other claims against all other Defendants are dismissed, without prejudice, for failure to exhaust the administrative remedies. 16 17 IT IS SO ORDERED. 18 Dated: March 17, 2021 19 SENIOR DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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