-DLB (PC) Thomas v. Garcia et al, No. 1:2008cv00689 - Document 89 (E.D. Cal. 2011)

Court Description: ORDER Adopting 86 FINDINGS AND RECOMMENDATIONS and DENYING Plaintiff's 47 Motion for Summary Judgment without Prejudice signed by District Judge Lawrence J. O'Neill on 9/26/2011. (Sant Agata, S)

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-DLB (PC) Thomas v. Garcia et al Doc. 89 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JEAN-PIERRE K. THOMAS, 10 CASE NO. 1:08-CV-00689-LJO-DLB PC Plaintiff, 11 v. 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE BONILLA, et al., (DOC. 86) 13 Defendants. 14 15 / 16 17 Plaintiff Jean-Pierre K. Thomas (“Plaintiff”) is a California state prisoner proceeding pro se 18 in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants 19 Bonilla and Garcia for violation of the Eighth Amendment. On November 4, 2010, Plaintiff filed 20 a motion for summary judgment against Defendant Bonilla. Doc. 47. The matter was referred to 21 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On September 9, 2011, the Magistrate Judge filed a Findings and Recommendations which 23 was served on the parties and which contained notice to the parties that any objection to the Findings 24 and Recommendations was to be filed within fourteen days. Doc. 86. Plaintiff filed an Objection 25 to the Findings and Recommendations on September 21, 2011. Doc. 88. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 27 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 28 Recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed September 9, 2011, is adopted in full; 3 2. Plaintiff’s motion for summary judgment, filed November 4, 2010, is denied without 4 prejudice for failure to comply with Local Rule 260(a) and Rule 56(c) of the Federal 5 Rules of Civil Procedure; and 6 3. The dispositive motion deadline for all parties is March 22, 2012. 7 IT IS SO ORDERED. 8 Dated: b9ed48 September 26, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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