(PC) Abreu v. Cate et al, No. 2:2010cv01621 - Document 62 (E.D. Cal. 2013)
Court Description: ORDER signed by Judge John A. Mendez on 9/4/13 ADOPTING in full 61 Findings and Recommendations; GRANTING IN PART AND DENYING IN PART 54 Motion for Summary Judgment. Plaintiff shall file his pretrial statement within 30 days. Plaintiff's failure to file a pretrial statement within 30 days will result in a recommendation that this action be dismissed. All remaining defendants shall file their pretrial statement of statements within 21 days of service of plaintiff's. (Meuleman, A)
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(PC) Abreu v. Cate et al Doc. 62 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CLIFFORD ABREU, 12 Plaintiff, 13 14 No. 10-cv-1621 JAM CKD P v. ORDER MATTHEW L. CATE, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 1, 2013, the magistrate judge filed findings and recommendations herein which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 ///// 28 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed July 1, 2013, are adopted in full; 2 2. Defendants’ November 20, 2013 motion for summary judgment (ECF No. 54) is 3 granted in part and denied in part as follows: 4 A. Granted with respect to plaintiff’s claims arising under the Americans with 5 Disabilities Act; 6 B. Granted as to plaintiff’s Eighth Amendment claims against defendants 7 Williams, Cate, Subia, and Martel; and 8 C. Denied as to plaintiff’s Eighth Amendment claims against defendants Miranda, 9 Robinson, Davis and Smith. 10 11 12 13 3. Plaintiff shall file his pretrial statement within 30 days. Plaintiff’s failure to file a pretrial statement within 30 days will result in a recommendation that this action be dismissed. 4. All remaining defendants shall file their pretrial statement or statements within 21 days of service of plaintiff’s. 14 15 16 DATED: September 4, 2013 /s/ John A. Mendez________________________ UNITED STATES DISTRICT COURT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2
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