(PC) Scott v. Chau

Opinion

RICKEY LEON SCOTT, Case No. 1:19-cv-01079-KES-HBK (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DENYING v. PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS Doc. 49 Defendant. Plaintiff Rickey Leon Scott (“Scott”) is a state prisoner proceeding pro se and in forma pauperis in this action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. Scott moved for judgment on the pleadings pursuant to Federal Rule of Civil Procedure (“Rule”) 12(c). Doc. 42. On August 4, 2023, the magistrate judge issued findings and recommendations, recommending the denial of Scott’s motion because Scott did not establish the absence of any genuine dispute of material fact. Doc. 49. The magistrate judge found that defendant Chau’s Answer raised facts that, if true, would defeat Scott’s claim and, as the moving party, Scott had failed to carry his burden under Rule 12(c). Id. at 3. Scott filed objections on August 29, 2023, contending that defendant Chau’s answer was slanderous, defamatory, and untruthful and that his motion for judgment on the pleadings should be granted. Doc. 50. In accordance with the provisions of 28 U.S.C. § 636(b)(1), the court has conducted a de novo review of this case. Having carefully reviewed the file, the court finds the findings and recommendations to be supported by the record and by proper analysis. In his objections, Scott claims generally that Chau’s Answer was a “material variance from the truth.” Doc. 50 at 1-2. Under Rule 12(c), however, the facts in the Answer must be construed as true for purposes of a motion for judgment on the pleadings. “All allegations of fact by the party opposing the motion are accepted as true, and are construed in the light most favorable to that party.” Unite Here Local 30 vy. Sycuan Band of the Kumeyaay Nation, 35 F.4th 695, 700 (9th Cir. 2022) (citing Gen. Conf. Corp. of Seventh-Day Adventists v. Seventh-Day Adventist Congregational Church, 887 F.2d 228 (9th Cir. 1989)). As defendant Chau denied the material facts in Scott’s Second Amended Complaint, see Doc. 40, the court adopts in full the magistrate judge’s recommendation and Scott’s motion for judgment on the pleadings is denied. ACCORDINGLY, it is ORDERED: 1. The findings and recommendations, filed on August 4, 2023, Doc. 49, are adopted in full; and 2. Defendant’s motion for judgment on the pleadings, Doc. 42, is DENIED. 1g | IT IS SO ORDERED. _ Dated: _ August 26, 2024 4A . 50 UNITED STATES DISTRICT JUDGE