(PC) Franks v. Giddings ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TOM MARK FRANKS, No. 2:17-cv-1056 KJM CKD P 12 Plaintiff, 13 v. ORDER 14 J. CLARK KELSO, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 18, 2020, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff and defendant 23 Giddings have filed objections to the findings and recommendations. Plaintiff submitted timely 24 objections on February 25, 2020 (ECF No. 67), to which defendant Giddings responded (ECF No. 25 69); plaintiff then filed a second set on March 13, 2020 (ECF No. 70). Because plaintiff never 26 sought leave to file a second set of objections, and because the second set is not timely,1 the 27 1 Documents submitted by prisoners are deemed filed in court on the day submitted to prison 28 officials for mailing. Houston v. Lack, 487 U.S. 266, 270 (1988). 1 second set will be stricken. Plaintiff and Giddings each made additional unauthorized filings 2 (ECF Nos. 75, 76), which the court disregards. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 4 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 5 findings and recommendations to be supported by the record and by the proper analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The objections submitted to the court by plaintiff on March 13, 2020 (ECF No. 70) are 8 stricken. 9 2. The findings and recommendations filed February 18, 2020, are adopted in full. 10 3. Defendant’s motion for summary judgment (ECF Nos. 35 & 50) is denied as to Claim 11 II in plaintiff’s complaint and is granted as to Claim III. 12 4. This matter is referred back to the assigned magistrate judge for further proceedings. 13 DATED: September 29, 2020. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28