Thomas v. Garcia et al
Filing
89
ORDER Adopting 86 FINDINGS AND RECOMMENDATIONS and DENYING Plaintiff's 47 Motion for Summary Judgment without Prejudice signed by District Judge Lawrence J. O'Neill on 9/26/2011. (Sant Agata, S)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
JEAN-PIERRE K. THOMAS,
10
CASE NO. 1:08-CV-00689-LJO-DLB PC
Plaintiff,
11
v.
12
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT WITHOUT PREJUDICE
BONILLA, et al.,
(DOC. 86)
13
Defendants.
14
15
/
16
17
Plaintiff Jean-Pierre K. Thomas (“Plaintiff”) is a California state prisoner proceeding pro se
18
in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants
19
Bonilla and Garcia for violation of the Eighth Amendment. On November 4, 2010, Plaintiff filed
20
a motion for summary judgment against Defendant Bonilla. Doc. 47. The matter was referred to
21
a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
22
On September 9, 2011, the Magistrate Judge filed a Findings and Recommendations which
23
was served on the parties and which contained notice to the parties that any objection to the Findings
24
and Recommendations was to be filed within fourteen days. Doc. 86. Plaintiff filed an Objection
25
to the Findings and Recommendations on September 21, 2011. Doc. 88.
26
In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de
27
novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and
28
Recommendations to be supported by the record and by proper analysis.
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1.
The Findings and Recommendations, filed September 9, 2011, is adopted in full;
3
2.
Plaintiff’s motion for summary judgment, filed November 4, 2010, is denied without
4
prejudice for failure to comply with Local Rule 260(a) and Rule 56(c) of the Federal
5
Rules of Civil Procedure; and
6
3.
The dispositive motion deadline for all parties is March 22, 2012.
7
IT IS SO ORDERED.
8
Dated:
b9ed48
September 26, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?