Free v. Peikar et al

Filing 83

ORDER ADOPTING 59 FINDINGS AND RECOMMENDATIONS to Deny without prejudice Plaintiff's 33 Motion for Summary Judgment, signed by District Judge Anthony W. Ishii on 9/11/2018. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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1:17-cv-00159 AWI JLT (PC)

PAUL FREE,

v.
DR. NADER PEIKAR, et al.,

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Defendants.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
WITHOUT PREJUDICE PLAINTIFF’S
MOTION FOR SUMMARY JUDGMENT
(ECF Nos. 33, 59)
FOURTEEN-DAY DEADLINE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983. Plaintiff filed a motion for summary judgment. The matter was
referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule
302.
On February 26, 2018, Plaintiff filed a motion for summary judgment. Doc. No. 33. On

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June 7, 2018, the magistrate judge filed a Findings and Recommendation (“F&R”). Doc. No. 59.

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The F&R recommended denying Plaintiff’s motion for summary judgment without prejudice and

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contained notice that any objections were to be filed within fourteen days. To date, no party has
filed objections to the F&R.
The Court has reviewed the file and finds the F&R is supported by the record and by the
magistrate judge’s analysis. Therefore, the Court will adopt the F&R and deny Plaintiff’s motion
without prejudice.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 7, 2018 (ECF No. 59), are adopted in full;

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2. Plaintiff’s motion for summary judgment (ECF No. 33) is denied without prejudice; and

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3. This case remains open and is referred back to the Magistrate Judge for further

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proceedings.

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IT IS SO ORDERED.
Dated: September 11, 2018
SENIOR DISTRICT JUDGE

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