(PC) Baker v. Macomber et al, No. 2:2015cv00248 - Document 88 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Troy L. Nunley on 3/29/2018 ADOPTING 85 Findings and Recommendations in Full. This action shall proceed on Plaintiff's remaining claims against Defendant McGowan. (Fabillaran, J)
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(PC) Baker v. Macomber et al Doc. 88 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY RAY BAKER, 12 Plaintiff, 13 14 v. No. 2:15-cv-00248-TLN-AC P ORDER J. MACOMBER, 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. 20 On February 28, 2018, the magistrate judge filed findings and recommendations herein, 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 twenty-one days. (ECF No. 85.) 23 Plaintiff has filed objections to the findings and recommendations. (ECF No. 87.) 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 February 28, 2018 (ECF No. 85), are adopted 3 in full. 4 2. Summary judgment is entered for Defendant McCowan on Plaintiff’s claim that 5 Defendant was deliberately indifferent to Plaintiff’s serious medical needs by causing Plaintiff to 6 miss his August 10, 2012, insulin injection. 3. Summary judgment is denied to both Plaintiff and Defendant on Plaintiff’s remaining 7 8 9 claims. 4. This action shall proceed on Plaintiff’s remaining claims against Defendant McCowan 10 for: (1) the use of excessive force, and (2) deliberate indifference to plaintiff’s serious medical 11 needs premised on Defendant’s failure to abide by Plaintiff’s medical chrono for frontal waist 12 restraints. 13 14 Dated: March 29, 2018 15 16 17 Troy L. Nunley United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2