(PC) Harvey v. Barbour, No. 2:2012cv02029 - Document 51 (E.D. Cal. 2017)
Court Description: ORDER signed by District Judge Kimberly J. Mueller on 3/21/2017 ADOPTING IN FULL 50 Findings and Recommendations; GRANTING 42 Motion for Partial Summary Judgment; DISMISSING the plaintiff's claim for deliberate indifference. (Michel, G.)
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(PC) Harvey v. Barbour Doc. 51 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH HARVEY, 12 13 14 No. 2:12-cv-02029 KJM DB Plaintiff, v. ORDER J. BARBOUR, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983 alleging defendant Barbour forced him to do strenuous manual labor 19 contrary to his medical orders in violation of his First and Eighth Amendment rights. The matter 20 was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and 21 Local Rule 302. 22 On March 1, 2017, the magistrate judge filed findings and recommendations, which were 23 served on all parties and which contained notice to all parties that any objections to the findings 24 and recommendations were to be filed within fourteen days. (ECF No. 50.) Neither party has 25 filed objections to the findings and recommendations. 26 The court presumes that any findings of fact are correct. See Orand v. United States, 602 27 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 28 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 1 Dockets.Justia.com 1 the file, the court finds the findings and recommendations to be supported by the record and by 2 the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed March 1, 2017 (ECF No. 55) are adopted 2. Defendant Barbour’s partial motion for summary judgment for failure to exhaust 5 6 7 8 9 in full; administrative remedies is granted; and 3. Plaintiff’s claim for deliberate indifference is dismissed. DATED: March 21, 2017 10 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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