(PC) Davies v. DelaVega et.al., No. 2:2014cv02831 - Document 107 (E.D. Cal. 2018)
Court Description: ORDER signed by District Judge Morrison C. England, Jr on 8/24/18: The findings and recommendations 101 are ADOPTED in full. All defendants and claims other than a claim arising under the Eighth Amendment against defendant Crosson are DISMISSED. Defendant Crosson's motion for summary judgment 73 is GRANTED. Defendant Crosson is DISMISSED from this action. The Clerk of the Court is directed to close this case. (Kaminski, H)
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(PC) Davies v. DelaVega et.al. Doc. 107 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AVON DAVIES, 12 Plaintiff, 13 14 No. 2:14-cv-2831 MCE CKD P v. ORDER M. DELAVEGA, 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 June 12, 2018, the magistrate judge filed findings and recommendations herein which 20 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the 23 findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 12, 2018, (ECF No. 101) are ADOPTED 3 4 5 in full; 2. All defendants and claims other than a claim arising under the Eighth Amendment against defendant Crosson are DISMISSED pursuant to 28 U.S.C. § 1915A; 6 3. Defendant Crosson’s motion for summary judgment (ECF No. 73) is GRANTED; 7 4. Defendant Crosson is DISMISSED from this action; and 8 5. The Clerk of the Court is directed to close this case. 9 IT IS SO ORDERED. 10 Dated: August 24, 2018 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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