(PC) Hall v. Pliler et al, No. 2:2005cv01556 - Document 84 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING 77 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 10/14/2009; ORDER REFERRING CASE to Magistrate Judge Kellison ; 72 Motion for Summary Judgment is GRANTED in part and DENIED in part; this action will precede on the claims against dfts Ranzany, Ugalino, Lt. Johnson, Connor, Gold, and Goughnour; dfts Pliler, Shrode, Ewing, Kelly, Clavere, Shoemaker, Baxter, Stiles, Rosario, Lord, Murphy, Rogel, Kimbrell, Peterson, Jaffe, Vance, Dr. Johnson, and Phillippi are terminated. (Suttles, J)

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(PC) Hall v. Pliler et al Doc. 84 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ANDREW HALL, 12 No. CIV S-05-1556-JAM-CMK-P Plaintiff, 13 vs. 14 C. PLILER, et al., 15 ORDER Defendants. 16 / 17 Plaintiff, who is proceeding pro se, brings this civil rights action pursuant to 42 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern 19 District of California local rules. 20 On July 10, 2009, the Magistrate Judge filed findings and recommendations 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within a specified time. Timely objections to the findings and recommendations have 23 been filed. 24 /// 25 /// 26 /// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 2 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 3 file, the court finds the findings and recommendations to be supported by the record and by 4 proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed July 10, 2009, are adopted in full; 7 2. Defendants’ motion for summary judgment (Doc. 72) is granted in part; 8 3. This action proceeds on plaintiff’s Eighth Amendment claims against 9 10 defendants Ranzany and Ugalino and plaintiff’s due process claims against defendants Ranzany, Ugalino, Lt. Johnson, Connor, Gold, and Goughnour; 11 4. Pliler, Shrode, Ewing, Kelly, Clavere, Shoemaker, Baxter, Stiles, Rosario, 12 Lord, Murphy, Rogel, Kimbrell, Peterson, Jaffe, Vance, Dr. Johnson, and Phillippi are terminated 13 as defendants to this action; and 14 5. The matter is referred back to the Magistrate Judge for further 15 proceedings. 16 DATED: October 14, 2009 17 18 /s/ John A. Mendez 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 2

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