Cortinas v. Huerta et al

Filing 68

ORDER ADOPTING 67 Findings and Recommendations; ORDER DENYING Defendants' 51 Motion for Summary Judgment as Moot, With Leave to File New Motion, signed by District Judge Anthony W. Ishii on 5/7/2020. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY WILLIAM CORTINAS,

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1:17-cv-00130-AWI-GSA-PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 67.)

vs.

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ORDER DENYING DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT
AS MOOT, WITH LEAVE TO FILE NEW
MOTION
(ECF No. 51.)

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Larry William Cortinas (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a

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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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M. HUERTA, et al.,
Defendants.

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On April 1, 2020, findings and recommendations were entered, recommending that the

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motion for summary judgment filed by defendants Huerta and Scalia on July 24, 2019 be denied

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as moot, with leave to file a new motion for summary judgment on the claims remaining in this

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case within 60 days. (ECF No. 67.) The parties were granted fourteen (14) days in which to file

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objections to the findings and recommendations. (Id.) The fourteen-day time period has expired,

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and no objections were filed.1

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The parties were granted fourteen days in which to file objections and ten days after the filing
date of any objections in which to file a reply to the objections. (ECF No. 67 at 8-9.)
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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

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court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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The findings and recommendations entered by the Magistrate Judge on April 1,
2020 (Doc. No. 67), are ADOPTED IN FULL;

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The motion for summary judgment filed by defendants Huerta and Scalia on July

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24, 2019 (Doc. No. 51), is DENIED as moot, with leave to file a new motion for

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summary judgment on the claims remaining in this case within 60 days; and

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3.

This case is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated: May 7, 2020
SENIOR DISTRICT JUDGE

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