(PC) Miller v. Soto, No. 1:2020cv01117 - Document 78 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 74 Findings and Recommendations, GRANTING Defendant's 51 Motion for Summary Judgment, and DIRECTING Clerk of Court to Enter Judgment signed by District Judge Anthony W. Ishii on 4/7/2023.(Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 CHRISTOPHER J. MILLER, Case No. 1:20-cv-01117-AWI-SAB (PC) 10 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT 11 v. 12 SERGEANT M. SOTO, 13 Defendant. (ECF Nos. 51, 71, 72, 74) 14 15 16 Plaintiff Christopher J. Miller is proceeding pro se and in forma pauperis in this civil 17 rights action filed pursuant to 42 U.S.C. § 1983. 18 On December 1, 2022, the assigned Magistrate Judge issued Findings and 19 Recommendations recommending that Plaintiff's motion for summary judgment be denied and 20 Defendant’s motion for summary judgment be granted. (ECF No. 74.) The Findings and 21 Recommendations were served on the parties and contained notice that objections were to be 22 filed within twenty-one days. (Id. at 19.) 23 Plaintiff filed objections on December 27, 2022, and Defendant filed a response on 24 January 10, 2023. (ECF Nos. 75, 76.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 26 a de novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s 27 objections and Defendant’s response, the Court finds the Findings and Recommendations to be 28 supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Defendant’s motion to strike Plaintiff’s motion for summary judgment (ECF No. 72) is DENIED; 3 4 2. Plaintiff’s motion for summary judgment (ECF No. 71) is DENIED; 5 3. Defendant’s motion for summary judgment (ECF No. 51) is GRANTED; 6 4. The Clerk of Court shall enter judgment in favor of Defendant and CLOSE this case. 7 8 IT IS SO ORDERED. 9 Dated: April 7, 2023 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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