(PC) Mills v. Jones

Opinion

THOMAS K. MILLS, No. 1:23-cv-1214 JLT SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DENYING v. PLAINTIFF’S SECOND MOTION FOR SUMMARY JUDGMENT ZACHERY JONES, et al. (Docs. 34, 37) Defendants. Plaintiff asserts the defendants violated his civil rights during Plaintiff’s incarceration at North Kern State Prison and moved for summary judgment on his claims. (Doc. 34.) The magistrate judge found the motion was premature because the defendants have not filed a responsive brief and discovery has not been opened yet. (Doc. 37 at 2.) Therefore, the magistrate judge recommended the motion be denied. (Id. at 3.) The Court served the Findings and Recommendations on the plaintiff and notified him that any objections were due within 14 days. (Doc. 37 at 3.) The Court advised him that the “failure to file objections within the specified time may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the time to do so has passed. According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 1. The Findings and Recommendations issued on January 4, 2024 (Doc. 37) are ADOPTED in full. 2. Plaintiff's motion for summary judgment (Doc. 34) is DENIED. Dated: _ February 5, 2024 Cerin | Tower TED STATES DISTRICT JUDGE