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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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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HENRY DESEAN ADAMS,

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Plaintiff,

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v.
CASTILLO, et al.
Defendants.

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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

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file, the Report and Recommendation of the United States Magistrate Judge

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(“Report”) and the Objections. Further, the Court has engaged in a de novo review of

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those portions of the Report to which Plaintiff has objected. The Court accepts the

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findings and recommendation of the Magistrate Judge.

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The Report recommends denial of Plaintiff’s motion for summary judgment

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without prejudice on the basis that it is premature. Plaintiff’s objection is contained in

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his opposition to the Defendants’ pending motion to dismiss the complaint. Plaintiff

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addresses the merits of Defendants’ motion but not whether his motion is premature.

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IT IS ORDERED that Plaintiff’s motion for summary judgment is denied without

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prejudiced at this stage of the proceedings.

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DATED: February 17, 2021

HON. DAVID O. CARTER
United States District Judge