(PC) King v. California Department of Corrections et al, No. 2:2006cv00065 - Document 102 (E.D. Cal. 2009)
Court Description: ORDER signed by Senior Judge Lawrence K. Karlton on 7/31/09 ORDERING that the 98 findings and recommendations filed April 28, 2009, are ADOPTED in full. Defendants' 83 84 motions for summary judgment, both filed on October 3, 2008, are denied as to claims of excessive force and deliberate indifference to a serious medical need. Summary judgment is GRANTED as to any ADA claim. (Duong, D) Modified on 8/4/2009 (Duong, D).
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(PC) King v. California Department of Corrections et al Doc. 102 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN KING, 11 12 13 Plaintiff, No. CIV S-06-0065 LKK GGH P vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 14 Defendants. 15 16 ORDER / Plaintiff, a former state prisoner, is proceeding pro se, has filed this civil rights 17 action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On April 28, 2009, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty days. Defendants 22 have filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed April 28, 2009, are adopted in full; 3 4 and 2. Defendants’ motions for summary judgment, both filed on October 3, 2008 5 (Docket Nos. 83 and 84), are denied as to claims of excessive force and deliberate indifference to 6 a serious medical need. Summary judgment is granted as to any ADA claim. 7 DATED: July 31, 2009. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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