Harris v. German et al

Filing 64

ORDER ADOPTING 56 FINDINGS AND RECOMMENDATIONS ; ORDER DENYING WITHOUT PREJUDICE 44 Motion for Summary Judgment ; This case is referred back to the Magistrate Judge for further proceedings, including issuance of a new scheduling order, signed by District Judge Dale A. Drozd on 4/23/2019. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEVONTE HARRIS, 12 Plaintiff, 13 14 No. 1:15-cv-01462-DAD-GSA v. HUMBERTO GERMAN, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE Defendants. (Doc. Nos. 44, 56) 16 17 Plaintiff Devonte Harris is a prisoner proceeding pro se and in forma pauperis with this 18 19 civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 22, 2019, the assigned magistrate judge issued findings and recommendations, 21 22 recommending that defendants’ motion for summary judgment (Doc. No. 44) be denied without 23 prejudice. (Doc. No. 56.) The findings and recommendations were served on the parties and 24 contained notice that any objections were to be filed within fourteen days after service. (Id. at 25 15.) To date, no objections to the findings and recommendations have been filed, and the time in 26 which to do so has now passed. 27 ///// 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) 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 proper analysis. 4 Accordingly, 5 1. 6 7 adopted in full; 2. 8 9 12 13 Defendants’ motion for summary judgment, filed on October 15, 2018 (Doc. No. 44) is denied without prejudice; and 3. 10 11 The findings and recommendations issued on January 22, 2019 (Doc. No. 56) are This case is referred back to the magistrate judge for further proceedings, including issuance of a new scheduling order. IT IS SO ORDERED. Dated: April 23, 2019 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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