Thomas v. Lewis et al

Filing 111

ORDER adopting FINDINGS AND RECOMMENDATIONS and denying Defendants' Motion for Summary Judgment 97 signed by District Judge Dale A. Drozd on 7/10/2019. (Lundstrom, T)

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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 JOHNNY C. THOMAS, 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Defendant. 13 14 No. 1:16-cv-00524-DAD-EPG (Doc. No. 97) v. MARK KUO, 15 16 17 Plaintiff, Johnny C. Thomas, is a state prisoner proceeding pro se and in forma pauperis 18 19 in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 5, 2019, the assigned magistrate judge issued findings and recommendations, 21 22 recommending that plaintiff’s motion for summary judgment and supplemental motion for 23 summary judgment (Doc. Nos. 68, 71) be denied, and that defendant’s cross-motion for summary 24 judgment (Doc. No. 70) also be denied. (Doc. No. 97.) The findings and recommendations were 25 served on the parties and contained notice that any objections were due within twenty-one (21) 26 days. (Id. at 22.) Neither party has filed any objections and the time to do so has now passed. 27 ///// 28 ///// 1 1 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 proper analysis. 4 Accordingly, 5 1. 6 7 The findings and recommendations entered on June 5, 2019 (Doc. No. 97) are adopted in full; 2. 8 Plaintiff’s motion for summary judgment and supplemental motion for summary judgment (Doc. Nos. 68, 71) are denied; 9 3. Defendant’s cross-motion for summary judgment (Doc. No. 70) is denied; and 10 4. This matter is referred back to the assigned magistrate judge for further 11 12 13 14 proceedings consistent with this order. IT IS SO ORDERED. Dated: July 10, 2019 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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