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(PC) Candler v. Lebeck ( 2019 )


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  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEITH CANDLER, No. 2:17-cv-02436-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 J. STEWART, 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 August 5, 2019, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 36.) Neither 23 party has filed objections to the findings and recommendations.1 24 Where, as here, neither party contests the proposed findings of fact, the Court presumes 25 they are correct. (See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979).) The magistrate 26 27 1 The Court notes that, while Plaintiff did not file objections to the findings and recommendations, he did file a motion to appoint counsel in which he acknowledges the recent 28 findings and recommendations. (ECF No. 37.) 1 judge’s conclusions of law are reviewed de novo. (See Britt v. Simi Valley Unified School Dist., 2 708 F.2d 452, 454 (9th Cir. 1983).) Having reviewed the file, the Court finds the findings and 3 recommendations to be supported by the record and by the magistrate judge’s analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed August 5, 2019 (ECF No. 36), are adopted in 6 full; 7 2. Plaintiff’s motion for summary judgment (ECF No. 22) is DENIED; 8 3. Defendants’ cross-motion for summary judgment (ECF No. 26) is GRANTED with 9 respect to Plaintiff’s remaining claims for excessive force arising under the Eighth Amendment 10 and retaliation arising under the First Amendment against Defendant Lebeck; and 11 4. Defendants’ cross-motion for summary judgment is DENIED as to Plaintiff’s 12 remaining claims arising under the Eighth Amendment for denial of medical care against 13 Defendants Lebeck and Huynh. 14 IT IS SO ORDERED. 15 Dated: September 18, 2019 16 17 18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 2:17-cv-02436

Filed Date: 9/19/2019

Precedential Status: Precedential

Modified Date: 6/19/2024