Henry Desean Adams v. Castillo et al

Filing 65

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge David O. Carter for Report and Recommendation 61 , MOTION for Summary Judgment 52 . IT IS ORDERED that Plaintiffs motion for summary judgment is denied without prejudiced at this stage of the proceedings. (see document for further details) (hr)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 HENRY DESEAN ADAMS, 11 Plaintiff, 12 13 14 v. CASTILLO, et al. Defendants. 15 16 ) ) ) ) ) ) ) ) ) ) NO. CV 20-1534-DOC (AGR) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the complaint, records on 17 file, the Report and Recommendation of the United States Magistrate Judge 18 (“Report”) and the Objections. Further, the Court has engaged in a de novo review of 19 those portions of the Report to which Plaintiff has objected. The Court accepts the 20 findings and recommendation of the Magistrate Judge. 21 The Report recommends denial of Plaintiff’s motion for summary judgment 22 without prejudice on the basis that it is premature. Plaintiff’s objection is contained in 23 his opposition to the Defendants’ pending motion to dismiss the complaint. Plaintiff 24 addresses the merits of Defendants’ motion but not whether his motion is premature. 25 IT IS ORDERED that Plaintiff’s motion for summary judgment is denied without 26 prejudiced at this stage of the proceedings. 27 28 DATED: February 17, 2021 HON. DAVID O. CARTER United States District Judge

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