Hutchinson

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

TOY TERRELL SMITH, Case No. 1:16-cv-01924-LJO-JDP

Plaintiff, ORDER VACATING FINDINGS AND

RECOMMENDATIONS

v. ECF No. 75 J. TORRES, et al.,

FINDINGS AND RECOMMENDATIONS

Defendants. THAT COURT GRANT DEFENDANTS’

MOTION FOR SUMMARY JUDGMENT

AND DISMISS CASE WITH PREJUDICE

OBJECTIONS DUE IN 14 DAYS

ECF No. 69 I. Order Vacating August 26, 2019 Findings and Recommendations On August 26, 2019, I recommend granting defendants’ motion for summary judgment without prejudice. ECF No. 75. Defendants responded that the case should be dismissed with prejudice. See ECF No. 76. For good cause shown, I hereby vacate my August 25, 2019 Findings and Recommendations. The corrected findings and recommendations that follow are for dismissal with prejudice, but otherwise remain unchanged. II. Procedural History Plaintiff Toy Terrell Smith is a state prisoner proceeding without…