Shepard v. Borum et al

Filing 84

ORDER ADOPTING 80 Findings and Recommendations; ORDER DENYING Defendant's 65 Motion for Summary Judgment ;ORDER DENYING Plaintiff's 66 Motion for Summary Judgment ;ORDERED that the matter is referred back to Magistrate Judge for further proceeding, signed by District Judge Dale A. Drozd on 09/05/2021. (Martin-Gill, S)

Case 1:18-cv-00277-DAD-HBK Document 84 Filed 09/07/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAMONT SHEPARD,

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Plaintiff,
v.

Case No. 1:18-cv-00277-DAD-HBK
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
DENIAL OF CROSS MOTIONS FOR
SUMMARY JUDGMENT

M. BORUM, et al.,
(Doc. Nos. 65, 66, 80)
Defendants.

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Plaintiff Lamont Shepard is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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

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On July 13, 2021, the assigned magistrate judge issued findings and recommendations,

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recommending that both plaintiff’s and defendants’ motions for summary judgment be denied.

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(Doc. No. 80.) Specifically, the magistrate judge concluded that there were material facts in

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dispute which precluded the granting of summary judgment in favor of either plaintiff or

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defendants as a matter of law, and that defendants had also failed to establish that they were

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entitled to summary judgment on qualified immunity grounds. (Id. at 13–14, 16.) The findings

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and recommendations were served on the parties and contained notice that objections were due

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within fourteen days. (Id. at 17.) Plaintiff filed untimely objections on July 30, 2021. (Doc. No.

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81.) Defendants did not file objections to the pending findings and recommendations.

Case 1:18-cv-00277-DAD-HBK Document 84 Filed 09/07/21 Page 2 of 2
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Although plaintiff’s objections were received by the court after the fourteen-day period

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for objections had passed, the court has reviewed plaintiff’s objections out of an abundance of

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caution. In his objections, plaintiff disputes the facts asserted in defendants’ declarations, and

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alleges that defendant Borum was fully aware of plaintiff’s litigation and inmate grievance history

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at the time of his status change and that both defendants knowingly placed plaintiff in c-status in

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error. (Id. at 1–2.) Plaintiff’s objections do not address the magistrate judge’s reasoning as set

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forth in the pending findings and recommendations, but rather, merely adds additional support to

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the magistrate judge’s finding that the parties dispute over whether plaintiff’s history of filing

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inmate grievances was a substantial or motivating factor behind his placement on c-status

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precludes the granting of summary judgment in favor of any party to this action.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) 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,

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including plaintiff’s objections, the court finds the findings and recommendations to be supported

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by the record and by proper analysis.

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Accordingly,

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1.

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The findings and recommendations issued on July 13, 2021 (Doc. No. 80) are
adopted in full;

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2.

Defendant’s motion for summary judgment is denied (Doc. No. 65);

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3.

Plaintiff’s motion for summary judgment is denied (Doc. No. 66);

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4.

The matter is referred back to the magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated:

September 5, 2021
UNITED STATES DISTRICT JUDGE

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