(PC) Bledsoe v. Martinez, No. 2:2018cv02710 - Document 153 (E.D. Cal. 2021)
Court Description: ORDER signed by District Judge John A. Mendez on 12/20/2021 ADOPTING 148 Findings and Recommendations in full, DENYING 120 Motion for Summary Judgment, and DENYING 128 Motion for Summary Judgment without prejudice to renewal upon providing the contemporaneous notice to plaintiff required under Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998). Such renewed motion shall be filed within 30 days from the date of service of this order. (Huang, H)
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(PC) Bledsoe v. Martinez Doc. 153 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONNELL BLEDSOE, 12 Plaintiff, 13 14 No. 2:18-cv-2710 JAM KJN P v. ORDER SAN JOAQUINE COUNTY JAIL, 15 Defendants. 16 Plaintiff, a former county jail inmate, proceeding pro se, filed this civil rights action 17 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 18, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Plaintiff filed objections 23 to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 18, 2021, are adopted in full; 3 2. Plaintiff’s motion for summary judgment (ECF No. 120) is denied; and 4 3. Defendant’s motion for summary judgment (ECF No. 128) is denied without prejudice 5 to renewal upon providing the contemporaneous notice to plaintiff required under Rand v. 6 Rowland, 154 F.3d 952, 957 (9th Cir. 1998). Such renewed motion shall be filed within thirty 7 days from the date of service of this order. 8 9 10 11 Dated: December 20, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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