(PC) Fordley v. Lizarraga et al, No. 2:2016cv01985 - Document 89 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 75 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 07/30/18. Within 45 days, Plaintiff shall file a supplemental opposition to the 46 Motion for Summary Judgment, including all evidence h e wishes to present to show that he filed a grievance concerning the claims in this action in March 2016. Defendants are granted 21 days after the filing of Plaintiff's supplemental opposition to file a supplemental reply. Plaintiff is directe d to inform the court within 21 days if he cannot access his legal materials or otherwise prepare the supplemental opposition ordered by the Court. Defendants' 46 11/07/17 Motion for Summary Judgment is GRANTED IN PART as to Plaintiff's claims that Defendants Watson, Winkfield, and Garcia provided him with razor blades on May 5 and 6, 2016 and encouraged him to commit suicide, and such claims are DISMISSED without prejudice for failure to exhaust administrative remedies. Consideration of the remainder of Defendant's 46 11/07/17 Motion for Summary Judgment is DEFERRED pending receipt of the supplemental briefing. (Benson, A.)
Download PDF
(PC) Fordley v. Lizarraga et al Doc. 89 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN FREDERICK FORDLEY, 12 Plaintiff, 13 14 No. 2:16-cv-1985-MCE-EFB P v. ORDER JOE LIZARRAGA, 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 May 3, 2018, the magistrate judge filed findings and recommendations herein which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. ECF No. 75. Plaintiff has 23 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 26 file, the Court finds the findings and recommendations to be supported by the record and by 27 proper analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 3, 2018, ECF No. 75, are ADOPTED IN 3 FULL. 4 2. Within 45 days from the date of electronic filing of this order, Plaintiff is directed to 5 file a supplemental opposition to the motion for summary judgment, including all evidence he 6 wishes to present to show that he filed a grievance concerning the claims in this action in March 7 2016. 8 9 3. Defendants are granted 21 days after the filing of Plaintiff’s supplemental opposition to file a supplemental reply. 10 4. Plaintiff is directed to inform the court within 21 days of the date of electronic filing of 11 this order if he cannot access his legal materials or otherwise prepare the supplemental opposition 12 ordered by the Court. 13 5. Defendants’ November 7, 2017 motion for summary judgment, ECF No. 46, is 14 GRANTED in part as to Plaintiff’s claims that Defendants Watson, Winkfield, and Garcia 15 provided him with razor blades on May 5 and 6, 2016 and encouraged him to commit suicide, and 16 such claims are DISMISSED without prejudice for failure to exhaust administrative remedies. 17 18 19 20 6. Consideration of the remainder of Defendant’s November 7, 2017 motion for summary judgment is deferred pending receipt of the supplemental briefing. IT IS SO ORDERED. Dated: July 30, 2018 21 22 23 24 25 26 27 28 2