(PC) Barker v. Hubbard et al, No. 2:2008cv01160 - Document 150 (E.D. Cal. 2012)
Court Description: ORDER ADOPTING 147 FINDINGS AND RECOMMENDATIONS signed by Judge William B. Shubb on 5/30/12 DENYING 130 Motion for Summary Judgment. (Manzer, C)
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(PC) Barker v. Hubbard et al Doc. 150 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM BARKER, 11 12 13 14 15 16 Plaintiff, No. 2:08-cv-1160 WBS CKD P vs. SUSAN L. HUBBARD, et al., Defendants. 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 April 20, 2012, 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-one days. 22 Defendants 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 24 304, this court has conducted a de novo review of this case. Defendants argue that “aside 25 from Barker’s self-serving testimony,” no genuine dispute of material fact exists concerning 26 Barker’s claim that defendants had notice of Barker’s need for accommodation and deliberately 1 Dockets.Justia.com 1 denied his request. As the magistrate judge observed, however, Barker’s testimony, albeit self 2 serving, is nevertheless testimony, which cannot be ignored. Having carefully reviewed the 3 entire 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 April 20, 2012, are adopted in full; 7 and 8 9 2. Defendants’s motion for summary judgment (Docket No. 130) is denied. DATED: May 30, 2012 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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