(PC) Thomas v. Reyna et al, No. 1:2019cv01217 - Document 46 (E.D. Cal. 2022)

Court Description: ORDER ADOPTING 45 Findings and Recommendations and DENYING 37 Motion for Summary Judgment signed by District Judge Dale A. Drozd on 1/6/2022. (Lundstrom, T)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT QUINCY THOMAS, 12 13 14 15 16 17 No. 1:19-cv-01217-DAD-GSA (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT REYNA, et al., Defendants. (Doc. Nos. 37, 45) Plaintiff Robert Quincy Thomas is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. This case 20 proceeds on plaintiff’s Eighth Amendment excessive use of force claims against defendants 21 Reyna, Podsakoff, Vellido, Centeno, and Huerta. 22 On November 22, 2021, the assigned magistrate judge issued findings and 23 recommendations recommending that plaintiff’s motion for summary judgment (Doc. No. 37) be 24 denied. (Doc. No. 45.) The pending findings and recommendations were served on the parties 25 and contained notice that any objections thereto were to be filed within fourteen (14) days after 26 service. (Id. at 8.) No objections have been filed and the time for doing so has passed. 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, the 1 1 undersigned concludes that the findings and recommendations are supported by the record and 2 proper analysis. 3 4 Accordingly, 1. 5 The findings and recommendations issued on November 22, 2021 (Doc. No. 45) are adopted in full; 6 2. Plaintiff’s motion for summary judgment (Doc. No. 37) is denied; and 7 3. This matter is referred back to the assigned magistrate judge for further 8 9 10 proceedings. IT IS SO ORDERED. Dated: January 6, 2022 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2