(PC) Coston v. Nangalama et al, No. 2:2010cv02009 - Document 123 (E.D. Cal. 2014)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/30/14 recommending that plaintiff's motion for judgment on the pleadings 110 be denied. MOTION for judgment on the pleadings 110 referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)
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(PC) Coston v. Nangalama et al Doc. 123 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANNY MURPHY COSTON, 12 13 14 15 No. 2:10-cv-2009-MCE-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ANDREW NANGALAMA, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. He has filed a motion for judgment on the pleadings pursuant to Rule 12(c) of the 19 Federal Rules of Civil Procedure. ECF No. 110. Rule 12(c) provides that “[a]fter the pleadings 20 are closed--but early enough not to delay trial--a party may move for judgment on the pleadings.” 21 “Judgment on the pleadings is properly granted when there is no issue of material fact in dispute, 22 and the moving party is entitled to judgment as a matter of law.” Fleming v. Pickard, 581 F.3d 23 922, 925 (9th Cir. 2009). 24 Plaintiff’s motion must be denied on both procedural and substantive grounds. Pursuant 25 to the court’s discovery and scheduling order, the deadline for filing dispositive motions was July 26 11, 2012. ECF Nos. 44, 54. Plaintiff’s motion is thus, untimely. In addition, the defendants 27 previously sought summary judgment and in denying that motion, the court found numerous 28 disputed issues of fact for trial. See ECF Nos. 67, 73; ECF No. 80 (Pretrial Order) at 5 (summary 1 Dockets.Justia.com 1 of disputed factual issues). Those same factual disputes preclude entry of judgment as a matter 2 law in favor of plaintiff. 3 4 For these reasons, IT IS HEREBY RECOMMENDED that plaintiff’s motion for judgment on the pleadings (ECF No. 110) be denied. 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 objections shall be served and filed within fourteen days after service of the objections. The 11 parties are advised that failure to file objections within the specified time may waive the right to 12 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 13 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 14 DATED: June 30, 2014. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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