(PC) Dalke v. King et al, No. 1:2020cv00534 - Document 120 (E.D. Cal. 2021)
Court Description: ORDER ADOPTING 117 Findings and Recommendations, and DENYING Plaintiff's Second 116 Motion for Summary Judgment signed by District Judge Anthony W. Ishii on 7/26/2021. (Sant Agata, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA JASON DALKE, 12 Plaintiff, 13 14 v. KING CLARK, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-00534-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING PLAINTIFF’S SECOND MOTION FOR SUMMARY JUDGMENT (ECF Nos. 116, 117) 17 Plaintiff Joshua Jason Dalke is proceeding pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 7, 2021, the Magistrate Judge issued Findings and Recommendations recommending 20 21 that Plaintiff’s second motion for summary judgment, filed on July 1, 2021, be denied. (ECF No. 22 117.) The Findings and Recommendations were served on Plaintiff and contained notice that 23 objections were to be filed within fourteen days. (Id.) Plaintiff filed objections on July 20, 2021. 24 (ECF No. 119.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 26 novo review of this case. Having carefully reviewed the entire file, the Court finds, the Findings and 27 Recommendations to be supported by the record and by proper analysis. 28 /// 1 1 Accordingly: 2 1. The Findings and Recommendations filed on July 7, 2021, are adopted in full; and 3 2. Plaintiff’s second motion for summary judgment, filed on July 1, 2021 (ECF No. 116), 4 is denied. 5 6 IT IS SO ORDERED. 7 Dated: July 26, 2021 8 SENIOR 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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