(PC) Gibson v. Castellanos et al, No. 1:2021cv00794 - Document 13 (E.D. Cal. 2022)
Court Description: ORDER ADOPTING 12 Findings and Recommendations signed by District Judge Dale A. Drozd on 05/24/2022. (Flores, E)
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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 REGINALD GIBSON, 12 13 14 15 No. 1:21-cv-00794-DAD-GSA (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS E. CASTELLANOS, et al., (Doc. Nos. 9, 12) Defendants. 16 17 Plaintiff Reginald Gibson is a state prisoner proceeding pro se and in forma pauperis with 18 this civil rights action filed pursuant to 42 U.S.C. § 1983. This matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On April 20, 2022, the assigned magistrate judge issued findings and recommendations, 21 recommending that plaintiff’s motion for summary judgment be denied as premature because 22 defendants have not had an opportunity to pursue discovery in this action. (Doc. No. 12.) Those 23 findings and recommendations were served on plaintiff and contained notice that any objections 24 thereto were to be filed within fourteen (14) days from the date of service. (Id.) To date, no 25 objections to the findings and recommendations have been filed with the court, and the time in 26 which to do so has now passed. 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of the case. Having carefully reviewed the entire file, the 1 1 court finds the findings and recommendations to be supported by the record and by proper 2 analysis. 3 Accordingly, 4 1. 5 The findings and recommendations issued on April 20, 2022 (Doc. No. 12) are adopted; 6 2. Plaintiff’s motion for summary judgment (Doc. No. 9) is denied as premature; and 7 3. This case is referred back to the assigned magistrate judge for further proceedings. 8 9 10 IT IS SO ORDERED. Dated: May 24, 2022 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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