-EFB (PC) Gipbsin v. Kernan et al, No. 2:2007cv00157 - Document 195 (E.D. Cal. 2011)
Court Description: ORDER ADOPTING 188 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Morrison C. England, Jr. on 3/21/2011. Defendants' 180 Motion for Summary Judgment is GRANTED as to plaintiff's 1st Amendment retaliation claim and DENIED as to plaintiff's 8th Amendment excessive force claim. (Marciel, M)
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-EFB (PC) Gipbsin v. Kernan et al Doc. 195 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE A. GIPBSIN, 11 Plaintiff, 12 13 No. 2:07-cv-00157 MCE EFB P vs. SCOTT KERNAN, et al., 14 Defendants. 15 ORDER / 16 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 Rule 302. 19 On February 11, 2011, 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 fourteen days. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 2 3 1. The findings and recommendations filed February 11, 2011, are adopted in full; 2. Defendants’ August 12, 2010 motion for summary judgment is GRANTED as 4 to plaintiff’s First Amendment retaliation claim and DENIED as to plaintiff’s Eighth 5 Amendment excessive force claim. 6 7 IT IS SO ORDERED. Dated: March 21, 2011 8 9 10 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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