(PC) Bernal v. Beard et al, No. 2:2016cv02511 - Document 70 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge John A. Mendez on 6/28/2021 ADOPTING 65 Findings and Recommendations in full; DENYING plaintiff's 51 Motion for Summary Judgment; GRANTING IN PART AND DENYING IN PART defendant Weeks' 55 Motion for Summary Judgment. (Zignago, K.)

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(PC) Bernal v. Beard et al Doc. 70 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RUBEN RODRIGUEZ BERNAL, 12 13 14 No. 2:16-cv-2511 JAM AC P Plaintiff, v. ORDER JEFFREY BEARD, 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 April 2, 2021, the magistrate judge filed findings and recommendations herein which 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 twenty-one days. ECF No. 65. Both 23 parties have filed objections to the findings and recommendations, ECF Nos. 66, 67, and 24 responded to the other parties’ objections, ECF Nos. 68, 69. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed April 2, 2021, ECF No. 65, are adopted in 3 full; and 4 2. Plaintiff’s motion for summary judgment, ECF No. 51, is denied; 5 3. Defendant Weeks’ motion for summary judgment, ECF No. 55, is granted in part 6 7 8 9 and denied in part as follows: a. Granted to the extent that plaintiff’s retaliation and conspiracy claims are predicated on the search of plaintiff’s cell, and b. Otherwise denied. 10 11 12 13 DATED: June 28, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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