(PC) Washington v. Gustafson, et al., No. 2:2014cv00628 - Document 62 (E.D. Cal. 2017)

Court Description: ORDER signed by District Judge Troy L. Nunley on 5/11/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/6/17 52 are ADOPTED in full; Defendant Miranda's MOTION for Summary Judgment 29 is GRANTED; and Summary Judgment is GRANTED in full on behalf of Defendant Miranda.(Mena-Sanchez, L)

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(PC) Washington v. Gustafson, 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 JESSE WASHINGTON, 12 Plaintiff, 13 14 No. 2:14-cv-00628-TLN-DB P v. ORDER ANDREW GUSTAFSON, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 17 18 action under 42 U.S.C. § 1983 alleging Defendant Miranda1 was deliberately indifferent to his 19 serious medical needs by determining that Plaintiff no longer qualified for several medical 20 accommodations for which Plaintiff was previously approved at a different institution. The 21 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 22 Local Rule 302. On March 6, 2017, the magistrate judge filed findings and recommendations herein, which 23 24 were served on all parties and which contained notice to all parties that any objections to the 25 /// 26 27 28 1 Plaintiff’s complaint and the docket sheet refer to this Defendant as “Rimanda.” (See ECF No. 1.) However, this Defendant’s own motion refers to him as “Miranda.” (See ECF No. 29.) Accordingly, the Court shall refer to him as Defendant Miranda in this Order. 1 Dockets.Justia.com 1 findings and recommendations were to be filed within fourteen days. (ECF No. 52.) Plaintiff 2 filed objections to the findings and recommendations. (ECF No. 59.) 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 4 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 5 Court finds the findings and recommendations to be supported by the record and by proper 6 analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations filed March 6, 2017 (ECF No. 52), are adopted 10 2. Defendant Miranda’s motion for summary judgment (ECF No. 29) is granted; and 11 3. Summary judgment is granted in full on behalf of Defendant Miranda. 9 in full; 12 13 Dated: May 11, 2017 14 15 16 Troy L. Nunley United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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