Smith v. Hutchinson et al
Filing
58
ORDER adopting 53 FINDINGS AND RECOMMENDATIONS that Plaintiff's Motion to Dismiss 52 be granted and that Defendant Acebedo's Motion for Summary Judgment 39 be denied as moot signed by Chief Judge Lawrence J. O'Neill on 12/11/2018. (Lundstrom, T)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
TOY TERRELL SMITH,
12
13
14
15
Plaintiff,
v.
J. TORRES and M. HOGGARD,
Defendants.
Case No. 1:16-cv-01924-LJO-JDP
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS THAT
PLAINTIFF’S MOTION TO DISMISS BE
GRANTED AND THAT DEFENDANT
ACEBEDO’S MOTION FOR SUMMARY
JUDGMENT BE DENIED AS MOOT
(ECF No. 53)
16
17
18
Toy Terrell Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma
19
pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to
20
a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
21
On November 20, 2018, the magistrate judge entered findings and recommendations,
22
recommending that: (1) Plaintiff’s motion to dismiss claims against J. Acebedo (ECF No. 52)
23
be granted; (2) the claims against defendant J. Acebedo be dismissed without prejudice; and (3)
24
Defendant J. Acebedo’s motion for summary judgment (ECF No. 39) be denied as moot.
25
(ECF No. 53.) The parties given an opportunity to object to the findings and recommendations.
26
(See id.) No objections were filed.
27
28
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this
Court has conducted a de novo review of this case. Having carefully reviewed the entire file,
1
1
the Court finds the findings and recommendations to be supported by the record and proper
2
analysis.
3
Accordingly, IT IS ORDERED that:
4
1.
5
The findings and recommendations issued by the magistrate judge on November
20, 2018 (ECF No. 53) are adopted in full;
6
2.
Plaintiff’s motion to dismiss claims against J. Acebedo (ECF No. 52) is granted;
7
3.
The claims against defendant J. Acebedo are dismissed without prejudice; and
8
4.
Defendant J. Acebedo’s motion for summary judgment (ECF No. 39) is denied
9
as moot.
10
11
12
13
IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
December 11, 2018
UNITED STATES CHIEF DISTRICT JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?