Stephen v. Montejo et al

Filing 176

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/27/24 ADOPTING in full 167 Findings and Recommendations and DENYING 105 Plaintiff's motion for summary judgment. Defendant's 159 motion for summary judgment is GRANTED. Plaintiff's 170 motion to amend is DENIED as MOOT. Defendants' 174 request for final order is MOOTED by this order. The Clerk shall enter judgment in favor of defendant. CASE CLOSED (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JIMMIE EARL STEPHENS,

12

Plaintiff,

13
14

No. 2:18-cv-01796 KJM DB P

v.

ORDER

E. MONTEJO,

15

Defendant.

16
Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief

17
18

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

19

by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 18, 2024, the magistrate judge filed findings and recommendations, which

20
21

were served on all parties and which contained notice to all parties that any objections to the

22

findings and recommendations were to be filed within fourteen days. Plaintiff has filed

23

objections to the findings and recommendations.

24

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

25

court has conducted a de novo review of this case. Having reviewed the file, the court finds the

26

findings and recommendations to be supported by the record and by the proper analysis.

27

/////

28

/////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed January 18, 2024 (ECF No. 167) are adopted

3

in full;

4

2. Plaintiff’s motion for summary judgment (ECF No. 105) is denied;

5

3. Defendant’s motion for summary judgment (ECF No. 159) is granted;

6

4. Plaintiff’s January 30, 2024 motion to amend (ECF No. 170) is denied as moot;

7

5. Defendants’ March 15, 2024 request for final order (ECF No. 174) is mooted by this

8
9
10

order; and
6. The Clerk of the Court shall enter judgment in favor of defendant and close this case.
DATED: March 27, 2024.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2