(PC) Mills v. Jones et al

Filing 40

ORDER ADOPTING 37 Findings and Recommendations and DENYING 34 Motion for Summary Judgment signed by District Judge Jennifer L. Thurston on 2/5/2024. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS K. MILLS,
Plaintiff,

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v.

No. 1:23-cv-1214 JLT SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION AND DENYING
PLAINTIFF’S SECOND MOTION FOR
SUMMARY JUDGMENT

ZACHERY JONES, et al.
(Docs. 34, 37)

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Defendants.

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Plaintiff asserts the defendants violated his civil rights during Plaintiff’s incarceration at

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North Kern State Prison and moved for summary judgment on his claims. (Doc. 34.) The

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magistrate judge found the motion was premature because the defendants have not filed a

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responsive brief and discovery has not been opened yet. (Doc. 37 at 2.) Therefore, the magistrate

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judge recommended the motion be denied. (Id. at 3.)

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The Court served the Findings and Recommendations on the plaintiff and notified him

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that any objections were due within 14 days. (Doc. 37 at 3.) The Court advised him that the

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“failure to file objections within the specified time may result in the waiver of rights on appeal.”

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(Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file

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objections, and the time to do so has passed.

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According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this
case. Having carefully reviewed the matter, the Court concludes the Findings and
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Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS:
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The Findings and Recommendations issued on January 4, 2024 (Doc. 37) are
ADOPTED in full.

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Plaintiff’s motion for summary judgment (Doc. 34) is DENIED.

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IT IS SO ORDERED.
Dated:

February 5, 2024

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