(PC) Hightower v. High Desert State Prison et al, No. 2:2008cv00228 - Document 116 (E.D. Cal. 2012)
Court Description: ORDER adopting 114 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Morrison C. England, Jr on 9/26/12: Defendant's February 16, 2012, motion for summary judgment is DENIED 97 . (Kaminski, H)
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(PC) Hightower v. High Desert State Prison et al Doc. 116 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CURTIS HIGHTOWER, 11 12 Plaintiff, No. 2:08-cv-0228 MCE EFB P vs. 13 HIGH DESERT STATE PRISON, 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 Rule 302. 19 On September 4, 2012, the magistrate judge filed findings and recommendations 20 herein (ECF No. 114) which were served on all parties and which contained notice to all parties 21 that any objections to the findings and recommendations were to be filed within fourteen days. 22 Defendant Patton has 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 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 The Court thus adopts the findings and recommendations in full, with the exception of one 2 sentence: “Plaintiff, however, was not able to resist from the ‘hog tie’ position” (ECF No. 114 at 3 2, lines 21-22) is changed to “However, it was impossible for Plaintiff to not resist, due to the 4 ‘hog tie’ position he was in.” (See Pl.’s Compl., ECF No. 29 at 6.) 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations (ECF NO. 114) filed September 4, 2012, 7 are ADOPTED IN FULL, with the exception of the sentence noted above; and 8 9 10 2. Defendant’s February 16, 2012, motion for summary judgment (ECF No. 97) is DENIED. Dated: September 26, 2012 11 12 13 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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