(PC) Raybon v. Totten et al, No. 2:2012cv01008 - Document 40 (E.D. Cal. 2014)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 9/15/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 8/6/14 39 are ADOPTED in full; and the Motion for Summary Judgment filed by Defendants on 2/26/14 34 is GRANTED as to Plaintiff's conditions of confinement claim against Totten and Hardy but DENIED as to Plaintiff's excessive force claim against Hardy.(Mena-Sanchez, L)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GOLDY RAYBON, 12 No. 2:12-cv-1008-GEB-EFB P Plaintiff, 13 v. 14 TOTTEN, et al., 15 ORDER 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 August 6, 2014, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the 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: 1. The findings and recommendations filed August 6, 2014, are adopted in full; and 27 28 ///// 1 1 2. The motion for summary judgment filed by defendants on February 26, 2014 (ECF No. 2 34) is granted as to plaintiff’s conditions of confinement claim against Totten and Hardy but 3 denied as to plaintiff’s excessive force claim against Hardy. 4 Dated: September 15, 2014 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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