Rhoden v. Department of State Hospitals et al
Filing
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ORDER ADOPTING 51 FINDINGS AND RECOMMENDATIONS; ORDERED that Plaintiff's Motion for Summary Judgment, filed on March 7, 2019, is denied, without prejudice, signed by Chief Judge Lawrence J. O'Neill on 03/25/2019. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LAWTIS DONALD RHODEN,
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Plaintiff,
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v.
DEPARTMENT OF STATE HOSPITALS,
et al.,
Defendants.
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Case No.: 1:18-cv-00101-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, AND DENYING
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT, WITHOUT PREJUDICE
[ECF Nos. 50, 51]
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Plaintiff Lawtis Donald Rhoden is a civil detainee appearing pro se and in forma pauperis in
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this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On March 11, 2019, the Magistrate Judge filed a Findings and Recommendations
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recommending that Plaintiff’s motion for summary judgment be denied, without prejudice. The
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Findings and Recommendations were served on the parties and contained notice that objections were
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to be filed within fourteen days. Plaintiff filed objections on March 20, 2019.
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Plaintiff’s objections do not alter the Court evaluation of the record or the March 11, 2019
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Findings and Recommendations.
Plaintiff cannot attempt to cure the defects in his motion for
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summary judgment by way of filing objections to the Findings and Recommendations. In any event,
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Plaintiff merely argues the merits of his claims and submits discovery documents without a sufficient
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showing that there are no genuine issues of material facts in dispute. Fed. R. Civ. P. 56(1); Local Rule
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260(a).
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de
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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and
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Recommendations to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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The Findings and Recommendations, filed on March 11, 2019, are adopted in full; and
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Plaintiff’s motion for summary judgment, filed on March 7, 2019, is denied, without
prejudice.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
March 25, 2019
UNITED STATES CHIEF DISTRICT JUDGE
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