Thornton v. Grissom et al

Filing 57

ORDER DENYING WITHOUT PREJUDICE 44 Motion for Summary Judgment ORDER ADOPTING 47 FINDINGS AND RECOMMENDATIONS, signed by District Judge Anthony W. Ishii on 10/25/2017. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SIMON THORNTON,

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Plaintiff,
v.
DONALD L. GRISSOM, et al.,
Defendants.

CASE NO. 1:16-cv-0498-AWI-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
PLAINTIFF’S SECOND MOTION FOR
SUMMARY JUDGMENT
(ECF NOS. 44, 47)

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983.

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On July 21, 2017, the magistrate judge issued findings and recommendations to

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deny Plaintiff’s second motion for summary judgment because it was filed prematurely

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and not in compliance with Federal Rule of Civil Procedure 56 and Local Rule 260(a).

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(ECF No. 47.) Plaintiff has not filed any objections.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has

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conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the revised findings and recommendations to be supported by the record and

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by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Court adopts the July 21, 2017, findings and recommendations (ECF
No. 47); and
2. Plaintiff’s June 26, 2017, motion for summary judgment (ECF No. 44) is
DENIED without prejudice.

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IT IS SO ORDERED.
Dated: October 25, 2017
SENIOR DISTRICT JUDGE

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