(PC) Hammler v. Clark et al

Filing 58

ORDER ADOPTING 50 Findings and Recommendations and DENYING 49 Plaintiff's Motion for Summary Judgment signed by District Judge Anthony W. Ishii on 10/22/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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Plaintiff,
v.
CLARK, et.al.,
Defendants.

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Case No.: 1:19-cv-00373-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DENYING
PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT
[ECF Nos. 49, 50]

Plaintiff Allen Hammler is appearing pro se and in forma pauperis in this civil rights action

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

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

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On September 23, 2019, the Magistrate Judge issued a Findings and Recommendation

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recommending that Plaintiff’s motion for summary judgment be denied as premature and procedurally

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defective. (ECF No. 50.) The Findings and Recommendation was served on Plaintiff and contained

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notice that objections were due within fourteen (14) days. (Id.) No objections were filed and the time

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to do so has expired.

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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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Based on the foregoing, it is HEREBY ORDERED that:

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1.

The Findings and Recommendation filed on September 23, 2019, is adopted in full; and

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Plaintiff’s motion for summary judgment, filed on September 20, 2019 (ECF No. 49) is

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denied as premature and procedurally defective.

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IT IS SO ORDERED.

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Dated: October 22, 2019

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SENIOR DISTRICT JUDGE

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