Baker v. German, et al.

Filing 17

ORDER ADOPTING 13 Findings and Recommendation, and DENYING Plaintiff's 10 Motion for Summary Judgment, Without Prejudice, as Premature, signed by District Judge Anthony W. Ishii on 4/20/17. (Marrujo, C)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 DOMINIQUE D. BAKER, Plaintiff, 6 7 8 v. HUMBERTO GERMAN, et al., Defendants. 9 10 11 12 ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01873-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, WITHOUT PREJUDICE, AS PREMATURE {ECF Nos. 10, 13] Plaintiff Dominique Baker is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 13 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 14 636(b)(1)(B) and Local Rule 302. On February 9, 2017, the Magistrate Judge filed a Findings and 15 Recommendation which was served on Plaintiff and contained notice that objections were to be filed 16 within thirty days. Over thirty days have passed and no objections were filed. 17 In accordance with the provisions of 28 U.S.C. § 636(b), the Court has reviewed the matter. 18 Having carefully reviewed the entire file, the Court finds the Findings and Recommendation to be 19 supported by the record and by proper analysis. 20 Accordingly, IT IS HEREBY ORDERED that: 21 1. The Findings and Recommendation, filed on February 9, 2017, is adopted in full; and 22 2. Plaintiff’s motion for summary judgment is denied, without prejudice, as premature. 23 24 IT IS SO ORDERED. 25 Dated: April 20, 2017 26 SENIOR DISTRICT JUDGE 27 28 1

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