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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DEVONTE HARRIS,
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Plaintiff,
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No. 1:15-cv-01462-DAD-GSA
v.
HUMBERTO GERMAN, et al.,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATION AND DENYING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT WITHOUT PREJUDICE
Defendants.
(Doc. Nos. 44, 56)
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Plaintiff Devonte Harris is a prisoner proceeding pro se and in forma pauperis with this
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civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States
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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,
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recommending that defendants’ motion for summary judgment (Doc. No. 44) be denied without
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prejudice. (Doc. No. 56.) The findings and recommendations were served on the parties and
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contained notice that any objections were to be filed within fourteen days after service. (Id. at
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15.) To date, no objections to the findings and recommendations have been filed, and the time in
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which to do so has now passed.
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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court finds the findings and recommendations to be supported by the record and proper analysis.
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Accordingly,
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1.
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adopted in full;
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Defendants’ motion for summary judgment, filed on October 15, 2018 (Doc. No.
44) is denied without prejudice; and
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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
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