(PC) Hammler v. Haas, et al., No. 2:2015cv02266 - Document 66 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge John A. Mendez on 1/15/19 ORDERING the findings and recommendations filed 12/14/18, are ADOPTED in full; Defendant Haas' motion for summary judgment, ECF No. 42 is DENIED; and this action proceeds to trial on plaintiff's Eighth Amendment failure-to-protect claims against both defendant Haas and defendant Louie. (Becknal, R)
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(PC) Hammler v. Haas, et al. Doc. 66 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, 12 13 14 No. 2:15-cv-2266 JAM AC P Plaintiff, v. ORDER HAAS, 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 December 14, 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 fourteen days. ECF No. 64. Neither 23 party has filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed December 14, 2018, are adopted in full; 28 2. Defendant Haas’ motion for summary judgement, ECF No. 42, is denied; and 1 Dockets.Justia.com 1 2 3. This action proceeds to trial on plaintiff’s Eighth Amendment failure-to-protect claims against both defendant Haas and defendant Louie. 3 4 5 6 DATED: January 15, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 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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