(PC) Jacobs v. Scribner, et al, No. 1:2006cv01280 - Document 101 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING 85 FINDINGS AND RECOMMENDATIONS and GRANTING Defendant's 82 Partial Summary Judgment on Plaintiff's Claims for Intentional Infliction of Emotional Distress and Assault and Battery Under California law signed by Chief Judge Anthony W. Ishii on 11/16/2009. (Bradley, A)
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(PC) Jacobs v. Scribner, et al Doc. 101 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 GEORGE E. JACOBS, IV, 10 CASE NO. 1:06-cv-01280-AWI-GSA PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING DEFENDANTS PARTIAL SUMMARY JUDGMENT ON PLAINTIFF’S CLAIMS FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND ASSAULT AND BATTERY UNDER CALIFORNIA LAW 11 v. 12 ALLEN K. SCRIBNER, et al., 13 Defendants. 14 (Docs. 82 and 85) / 15 16 Plaintiff, George E. Jacobs, IV (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 18 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 19 On September 11, 2009, the Magistrate Judge filed a Findings and Recommendations that 20 recommended Defendants’ motion for partial summary judgment be granted. The Findings and 21 Recommendations were served on the parties and contained notice to the parties that Objections 22 were to be filed within thirty days. Plaintiff filed an objection on September 30, 2009. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 24 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 25 and Recommendations to be supported by the record and by proper analysis. Plaintiff’s basic 26 objection is that Defendants filed their motion after the time allowed to file dispositive motions. 27 However, after noting that Plaintiff has continued to conduct discovery after the time allowed, the 28 Magistrate Judge recently granted Defendants’ request to file a late motion for summary judgment. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed September 11, 2009, is adopted in full; 3 2. Motion for summary judgment as a matter of law by Defendants Martinez, German, 4 and Northcutt on Plaintiff’s claims against them for intentional infliction of 5 emotional distress and assault and battery under California law is GRANTED; and 6 3. This matter is referred to the Magistrate Judge for further proceedings. 7 8 IT IS SO ORDERED. 9 Dated: 0m8i78 November 16, 2009 /s/ Anthony W. Ishii CHIEF 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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