Dews v. County of Kern et al

Filing 42

ORDER Adopting 35 Findings and Recommendations and Denying Plaintiff's 30 Motion for Summary Judgment, signed by District Judge Anthony W. Ishii on 3/26/14. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CLARENCE LEON DEWS,

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Case No. 1:12-cv-0245-AWI-MJS (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT

v.
COUNTY OF KERN, et al.,

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Defendants.

ECF Numbers #30 & #35

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Plaintiff Clarence Leon Dews is a state prisoner proceeding pro se and in forma pauperis,

19 filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 25, 2013. The matter was
20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local
21 Rule 302.
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On February 26, 2014, the Magistrate Judge issued a findings and recommendations

23 recommending Plaintiff’s motion for sumaary judgment be denied. Specifically, the Magistrate
24 Judge found that a summary judgment motion was premature because the Court has not yet
25 found Plaintiff’s First Amended Complaint states a claim.
26 Complaint has not yet been served on Defendants.
27 objections.
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As such, the First Amended

On March 12, 2014, Plaintiff filed

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

2 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
3 Court finds the Findings and Recommendations to be supported by the record and by proper
4 analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed February 26, 2014, are adopted in full;

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Plaintiff’s motion for summary judgment is DENIED without prejudice.

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IT IS SO ORDERED.

10 Dated: March 26, 2014

SENIOR DISTRICT JUDGE

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