(PC) Kern v. Ha

Opinion

1 2 3 4 5 6 7 10 11 JAMES KERN, No. 2:24-cv-0736 DJC CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 DEPUTY HA, et al., 15 Defendants. 16 17 Plaintiff, a California prisoner proceeding pro se, has filed a civil rights action pursuant to 18 42 U.S.C. § 1983. This action proceeds on claims arising under the First and Fourteenth 19 Amendments against defendant Ha. 20 On July 9, 2025, plaintiff filed a second motion for summary judgment. As plaintiff was 21 informed in findings and recommendations concerning the first motion, summary judgment is 22 appropriate when it is demonstrated that there “is no genuine dispute as to any material fact and 23 the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A party asserting 24 that a fact cannot be disputed must support the assertion by “citing to particular parts of materials 25 in the record, including depositions, documents, electronically stored information, affidavits or 26 declarations, stipulations (including those made for purposes of the motion only), admissions, 27 interrogatory answers, or other materials. . .” Fed. R. Civ. P. 56(c)(1)(A). Plaintiff fails to point 28 to anything in the record in support of his motion for summary judgment. ] As the motion does not comply with the requirements of Rule 56 of the Federal Rules of 2 || Civil Procedure, the court will recommend that it be denied. The second motion, like the first, is 3 | frivolous. If plaintiff continues to file frivolous motions the court may impose sanctions which 4 | could include a recommendation that this action be dismissed. 5 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff's motion for summary 6 || judgment (ECF No. 31) be denied. 7 These findings and recommendations are submitted to the United States District Judge 8 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(I). Within fourteen days 9 || after being served with these findings and recommendations, any party may file written 10 || objections with the court and serve a copy on all parties. Such a document should be captioned 11 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 12 || objections shall be served and filed within fourteen days after service of the objections. The 13 || parties are advised that failure to file objections within the specified time may waive the right to 14 || appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 15 | Dated: July 14, 2025 / ae □□ / a Ly a 16 CAROLYN K DELANEY 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 | > kern0736.msj(2) 22 23 24 25 26 27 28