(PC) Blackwell v. Jenkins et al, No. 2:2019cv00442 - Document 121 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/20/2023 ADOPTING 112 Findings and Recommendations in full, GRANTING 96 Motion for Summary Judgment, and DISMISSING all pending motions as moot. CASE CLOSED. (Clemente Licea, O)

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(PC) Blackwell v. Jenkins et al Doc. 121 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY KARL BLACKWELL, 12 Plaintiff, 13 14 No. 2:19-cv-0442-TLN-DB ORDER v. A. JENKINS, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se with an action pursuant to 42 U.S.C. § 1983. 17 18 Plaintiff claims Defendant Jenkins violated his rights under the First and Eighth Amendments. 19 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) 20 and Local Rule 302. On August 24, 2023, the magistrate judge filed findings and recommendations herein 21 22 which were served on all parties, and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within twenty days. (ECF No. 112.) Plaintiff 24 filed objections to the findings and recommendations. (ECF No. 119.) Plaintiff also filed a 25 request for judicial notice concurrently with the objections. (ECF No. 120.) In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 27 Court conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 //// 1 Dockets.Justia.com 1 Court finds the findings and recommendations to be supported by the record and by proper 2 analysis. 3 4 5 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed August 24, 2023 (ECF No. 112) are ADOPTED IN FULL; 6 2. The Court GRANTS Defendant’s motion for summary judgment (ECF No. 96); 7 3. All pending motions are DISMISSED as moot; and 8 4. The Clerk of the Court is directed to close this case. 9 Date: December 20, 2023 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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