Thornton v. Grissom et al
Filing
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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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