(PC) Dalke v. King et al, No. 1:2020cv00534 - Document 121 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 113 Findings and Recommendations, and DENYING Plaintiff's 111 Motion for Summary Judgment signed by District Judge Anthony W. Ishii on 7/26/2021. (Sant Agata, S)

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(PC) Dalke v. King et al Doc. 121 Case 1:20-cv-00534-AWI-SAB Document 121 Filed 07/26/21 Page 1 of 2 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 MOTION FOR SUMMARY JUDGMENT (ECF Nos. 111, 113) 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. 20 On June 29, 2021, the Magistrate Judge issued Findings and Recommendations recommending 21 that Plaintiff’s motion for summary judgment, filed on June 28, 2021, be denied. (ECF No. 113.) The 22 Findings and Recommendations were served on Plaintiff and contained notice that objections were to 23 be filed within fourteen days. (Id.) Plaintiff did not file objections and the time to do so has passed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 25 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 26 Recommendations to be supported by the record and by proper analysis. 27 /// 28 /// 1 Dockets.Justia.com Case 1:20-cv-00534-AWI-SAB Document 121 Filed 07/26/21 Page 2 of 2 1 Accordingly: 2 1. The Findings and Recommendations filed on June 29, 2021, are adopted in full; and 3 2. Plaintiff’s motion for summary judgment, filed on June 28, 2021 (ECF No. 11), is 4 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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