(PC) Smith v. Hutchinson et al, No. 1:2016cv01924 - Document 58 (E.D. Cal. 2018)

Court Description: ORDER adopting 53 FINDINGS AND RECOMMENDATIONS that Plaintiff's Motion to Dismiss 52 be granted and that Defendant Acebedo's Motion for Summary Judgment 39 be denied as moot signed by Chief Judge Lawrence J. O'Neill on 12/11/2018. (Lundstrom, T)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TOY TERRELL SMITH, 12 13 14 15 Plaintiff, v. J. TORRES and M. HOGGARD, Defendants. Case No. 1:16-cv-01924-LJO-JDP ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF’S MOTION TO DISMISS BE GRANTED AND THAT DEFENDANT ACEBEDO’S MOTION FOR SUMMARY JUDGMENT BE DENIED AS MOOT (ECF No. 53) 16 17 18 Toy Terrell Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to 20 a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On November 20, 2018, the magistrate judge entered findings and recommendations, 22 recommending that: (1) Plaintiff’s motion to dismiss claims against J. Acebedo (ECF No. 52) 23 be granted; (2) the claims against defendant J. Acebedo be dismissed without prejudice; and (3) 24 Defendant J. Acebedo’s motion for summary judgment (ECF No. 39) be denied as moot. 25 (ECF No. 53.) The parties given an opportunity to object to the findings and recommendations. 26 (See id.) No objections were filed. 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 1 1 the Court finds the findings and recommendations to be supported by the record and proper 2 analysis. 3 Accordingly, IT IS ORDERED that: 4 1. 5 The findings and recommendations issued by the magistrate judge on November 20, 2018 (ECF No. 53) are adopted in full; 6 2. Plaintiff’s motion to dismiss claims against J. Acebedo (ECF No. 52) is granted; 7 3. The claims against defendant J. Acebedo are dismissed without prejudice; and 8 4. Defendant J. Acebedo’s motion for summary judgment (ECF No. 39) is denied 9 as moot. 10 11 12 13 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ December 11, 2018 UNITED STATES CHIEF DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2