(PC) Rhoden v. Department of State Hospitals et al, No. 1:2018cv00101 - Document 55 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING 51 FINDINGS AND RECOMMENDATIONS; ORDERED that Plaintiff's Motion for Summary Judgment, filed on March 7, 2019, is denied, without prejudice, signed by Chief Judge Lawrence J. O'Neill on 03/25/2019. (Martin-Gill, S)
Download PDF
<![CDATA[
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LAWTIS DONALD RHODEN, 12 Plaintiff, 13 14 15 v. DEPARTMENT OF STATE HOSPITALS, et al., Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:18-cv-00101-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, WITHOUT PREJUDICE [ECF Nos. 50, 51] 17 Plaintiff Lawtis Donald Rhoden is a civil detainee appearing pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 11, 2019, the Magistrate Judge filed a Findings and Recommendations 21 recommending that Plaintiff’s motion for summary judgment be denied, without prejudice. The 22 Findings and Recommendations were served on the parties and contained notice that objections were 23 to be filed within fourteen days. Plaintiff filed objections on March 20, 2019. 24 /// 25 /// 26 /// 27 /// 28 /// 1 Plaintiff’s objections do not alter the Court evaluation of the record or the March 11, 2019 1 2 Findings and Recommendations. Plaintiff cannot attempt to cure the defects in his motion for 3 summary judgment by way of filing objections to the Findings and Recommendations. In any event, 4 Plaintiff merely argues the merits of his claims and submits discovery documents without a sufficient 5 showing that there are no genuine issues of material facts in dispute. Fed. R. Civ. P. 56(1); Local Rule 6 260(a). 7 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 8 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 9 Recommendations to be supported by the record and by proper analysis. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. The Findings and Recommendations, filed on March 11, 2019, are adopted in full; and 12 2. Plaintiff’s motion for summary judgment, filed on March 7, 2019, is denied, without prejudice. 13 14 15 16 17 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ March 25, 2019 UNITED STATES CHIEF DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
