-JFM (PC) Evans v. Sisto et al, No. 2:2009cv00292 - Document 104 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge William B. Shubb on 9/19/2011 FINDINGS AND RECOMMENDATIONS 99 are ADOPTED in FULL; dfts' # 82 motion for summary judgment is GRANTED as to pltf's claim against dfts Singh and Telford and DENIED as to pltf's Eighth Amendment claim of excessive force against dfts Terrazas and Nuehring; and this matter is Referred back to Magistrate Judge John F. Moulds for further proceedings. (Reader, L)
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-JFM (PC) Evans v. Sisto et al Doc. 104 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES EVANS, Plaintiff, 11 12 13 14 vs. FELKER, et al., Defendants. ORDER / 15 16 No. 2:09-cv-0292 WBS JFM (PC) 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 August 15, 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. Plaintiff 22 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 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 15, 2011, are adopted in full; 3 2. Defendants’ November 30, 2010 motion for summary judgment is granted as 4 to plaintiff’s claim against defendants Singh and Telford and denied as to plaintiff’s Eighth 5 Amendment claim of excessive force against defendants Terrazas and Nuehring; and 6 3. This matter is referred back to Magistrate Judge John F. Moulds for further 7 proceedings. 8 DATED: September 19, 2011 9 10 11 12 13 14 /evan0292.805(2) 15 16 17 18 19 20 21 22 23 24 25 26 2
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