(PC) Lee v. Carey et al, No. 2:2006cv00813 - Document 56 (E.D. Cal. 2009)
Court Description: ORDER adopting 53 FINDINGS AND RECOMMENDATIONS IN FULL and granting in part and denying in part 47 Motion for Summary Judgment signed by Judge Frank C. Damrell, Jr on 11/12/09. (Kaminski, H)
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(PC) Lee v. Carey et al Doc. 56 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GEORGE LEE, Plaintiff, 11 12 No. CIV S-06-0813 FCD KJM P vs. 13 THOMAS CAREY, et al., 14 Defendants. / 15 16 ORDER Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On September 9, 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 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 9, 2009 are adopted in 3 full; 2. Defendant Stufflebeam’s motion for summary judgment (Docket No. 47) is 4 5 granted in part and denied in part as follows: A. Granted as to plaintiff’s claims for injunctive relief and punitive 6 7 8 9 damages; B. Denied with respect to plaintiff’s claim that defendant Stufflebeam denied plaintiff an accommodation in violation of the Americans With Disabilities Act by failing 10 to allow plaintiff to use an elevator at California State Prison, Solano to access the inmate law 11 library at some time between November 10, 2005 and December 13, 2005; and 12 13 C. Defendant is ordered to file his pretrial statement within twenty days. DATED: November 12, 2009. 14 15 16 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 2
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