(PC) Leonard v. Thompson et al, No. 2:2016cv02767 - Document 66 (E.D. Cal. 2020)

Court Description: ORDER signed by Chief District Judge Kimberly J. Mueller on 9/4/2020 ADOPTING the findings and recommendations filed 5/4/2020, in full;DISMISSING Defendant Metzger from this action; GRANTING Defendant Clemente's motion for summary judgment (ECF No. 41 ) ; GRANTING Defendant Thompson's motion for summary judgment (ECF No. 42 ) and DENYING Plaintiff's cross-motion for summary judgment (ECF No. 46 ). (Becknal, R)

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(PC) Leonard v. Thompson et al Doc. 66 Case 2:16-cv-02767-KJM-DB Document 66 Filed 09/08/20 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FREDERICK E. LEONARD, 12 Plaintiff, 13 14 No. 2:16-cv-2767 KJM DB P v. ORDER M. THOMPSON, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 4, 2020, the magistrate judge filed findings and recommendations, which were 20 21 served on all parties and which contained notice to all parties that any objections to the findings 22 and recommendations were to be filed within twenty-one days. (ECF No. 61.) Plaintiff has filed 23 objections to the findings and recommendations. (ECF No. 62.) Defendants have responded to 24 the objections and plaintiff has filed a reply. (ECF Nos. 63, 64.) 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 reviewed the file, the court finds the 27 findings and recommendations to be supported by the record and by the proper analysis. 28 ///// 1 Dockets.Justia.com Case 2:16-cv-02767-KJM-DB Document 66 Filed 09/08/20 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 4, 2020, are adopted in full; 3 2. Defendant Metzger is dismissed from this action; 4 3. Defendant Clemente’s motion for summary judgment (ECF No. 41) is granted; 5 4. Defendant Thompson’s motion for summary judgment (ECF No. 42) is granted; and 6 5. Plaintiff’s cross-motion for summary judgment (ECF No. 46) is denied. 7 DATED: September 4, 2020. 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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