(PC) Haney v. Johnson et al, No. 2:2016cv01173 - Document 67 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Troy L. Nunley on 1/17/2019 ADOPTING in FULL 57 Findings and Recommendations; GRANTING 45 Motion for Summary Judgment as to Defendants Ramirez, Cross, Herring, Fields, Larios, Turner, and Baker; and DENIED as to Defendant Johnson; DENYING 51 Motion to Stay Motion for Summary Judgment; (Washington, S)

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(PC) Haney v. Johnson et al Doc. 67 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MONTE L. HANEY, 12 Plaintiff, 13 14 No. 2:16-cv-01173-TLN-KJN v. ORDER S. JOHNSON, 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 October 17, 2018, the magistrate judge filed findings and recommendations herein 20 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. 57.) Both 23 parties have filed objections to the 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 October 17, 2018 are adopted in full; 3 2. Defendants’ motion for summary judgment (ECF No. 45) is granted as to Defendants 4 Ramirez, Cross, Herring, Fields, Larios, Turner, and Baker; Defendants’ summary judgment 5 motion is denied as to Defendant Johnson; and 6 7 3. Plaintiff’s motion to stay Defendants’ summary judgment motion, pursuant to Federal Rule of Civil Procedure 56(d) (ECF No. 51) is denied. 8 9 Dated: January 17, 2019 10 11 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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