Young v. Smalls et al

Filing 168

ORDER ADOPTING 160 REPORT AND RECOMMENDATION and denying 141 Plaintiff's Motion for Summary Judgment. Plaintiff's objections to the Report and Recommendation are overruled and the Report and Recommendation is Adopted. Plaintiff's motion for summary judgment is denied without prejudice for the reasons stated in the Report and Recommendation. Signed by Judge Dana M. Sabraw on 4/3/12.(All non-registered users served via U.S. Mail Service)(lao)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 HOWARD YOUNG, Case No. 09cv2545 DMS (JMA) Plaintiff, 12 ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT vs. 13 14 LARRY SMALLS, et al., Defendants. 15 16 17 Plaintiff Howard Young, a state prisoner proceeding pro se, filed an action pursuant to 42 18 U.S.C. Section 1983 alleging violation of his constitutional rights. The case was referred to United 19 States Magistrate Judge Jan M. Adler for a report and recommendation in accordance with 28 U.S.C. 20 Section 636(b)(1)(B) and Civil Local Rule 72.3. Plaintiff filed a motion for summary judgment, 21 which Defendants opposed. 22 Recommendation, recommending to deny Plaintiff’s motion pursuant to Federal Rule of Civil 23 Procedure 56(d) without prejudice to refiling after the United States District Court for the Eastern 24 District of California had the opportunity to rule on Plaintiff’s motion to quash subpoenas and 25 Defendants have conducted discovery necessary to oppose the motion. On March 2, 2012, the Magistrate Judge issued a Report and 26 In reviewing a magistrate judge's report and recommendation, the district court "shall make 27 a de novo determination of those portions of the report . . . to which objection is made," and "may 28 accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate -1- 09cv2545 1 judge." 28 U.S.C. § 636(b)(1). Plaintiff’s objections to the Report and Recommendation are 2 OVERRULED and the Report and Recommendation is ADOPTED. Plaintiff’s motion for summary 3 judgment is DENIED WITHOUT PREJUDICE for the reasons stated in the Report and 4 Recommendation. 5 IT IS SO ORDERED. 6 7 DATED: April 3, 2012 8 9 HON. DANA M. SABRAW United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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