Fudge v. Bennett et al, No. 2:2019cv01102 - Document 168 (D. Or. 2022)

Court Description: OPINION AND ORDER. Upon review, I agree with Judge Beckerman's recommendation, and I ADOPT the Amended F&R (ECF 167 ) as my own opinion. Defendants' Motion for Partial Summary Judgment (ECF 107 ) is GRANTED IN PART and DENIED IN PART. I GRANT Defendants' motion and enter summary judgment with respect to the following defendants on Plaintiff's claims against them: Ofc. Armstrong, Ofc. Neal, Ofc. Hansen, Ofc. Moothart, Ofc. Carbajal, Sgt. Huston, Ofc. Ford, O fc. Scott, Ofc. Lettunich, and Lt. King. I also GRANT Defendants' motion and enter summary judgment for Sgt. Olive on Plaintiff's excessive force claim and Plaintiff's deliberate indifference claim related to the alleged deprivation of a decontamination shower. I DENY Defendants' motion for partial summary judgment with respect to Plaintiff's deliberate indifference claim against Sgt. Olive related to the alleged deprivation of meals while Plaintiff was housed in the Disciplinary Segregation Unit ("DSU"). IT IS SO ORDERED. Signed on 9/12/2022 by Judge Michael W. Mosman. **2 PAGES, PRINT ALL** (James Fudge, Prisoner ID: 7994245) (gw)

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Fudge v. Bennett et al Doc. 168 Case 2:19-cv-01102-SB Document 168 Filed 09/12/22 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION JAMES CHARLES FUDGE, No. 2:19-cv-01102-SB Plaintiff, OPINION AND ORDER v. BRET BENNETT et al., Defendants. MOSMAN,J., On September 9, 2022, Magistrate Judge Stacie J. Beckerman issued her Amended Findings and Recommendation ("F&R") [ECF 167], recommending that Defendants' Motion for Partial Summary Judgment [ECF 107] be granted in part and denied in part. Plaintiff filed his objections [ECF 157], and Defendants responded [ECF 162]. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. The comi is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final determination. The court is generally required to make a de nova determination regarding those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the comi is not required to review, de nova or under any other standard, the factual or legal conclusions of 1 - OPINION AND ORDER Dockets.Justia.com Case 2:19-cv-01102-SB Document 168 Filed 09/12/22 Page 2 of 2 the magistrate judge as to those portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R depends on whether or not objections have been filed, in either case, I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(l)(C). CONCLUSION Upon review, I agree with Judge Becke1man's recommendation, and I ADOPT the Amended F&R [ECF 167] as my own opinion. Defendants' Motion for Partial Summary Judgment [ECF 107] is GRANTED IN PART and DENIED IN PART. I GRANT Defendants' motion and enter summary judgment with respect to the following defendants on Plaintiffs claims against them: Ofc. Almstrong, Ofc. Neal, Ofc. Hansen, Ofc. Moothart, Ofc. Carbajal, Sgt. Huston, Ofc. Ford, Ofc. Scott, Ofc. Lettunich, and Lt. King. I also GRANT Defendants' motion and enter summaiy judgment for Sgt. Olive on Plaintiffs excessive force claim and Plaintiffs deliberate indifference claim related to the alleged deprivation of a decontamination shower. I DENY Defendants' motion for partial summary judgment with respect to Plaintiffs deliberate indifference claim against Sgt. Olive related to the alleged deprivation of meals while Plaintiff was housed in the Disciplinary Segregation Unit ("DSU"). IT IS SO ORDERED. DATED this _i?day of September, 2022. Senior United States 2 - OPINION AND ORDER

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