(PC) O'Brien v. Diaz ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KORY T. O’BRIEN, ) Case No.: 1:21-cv-0856 JLT SAB (PC) ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DENYING PLAINTIFF’S 13 v. ) MOTION TO SUPPRESS DEPOSITION AND MOTION FOR SUMMARY JUDGMENT, AND 14 RITA DIAZ, et al., ) GRANTING DEFENDANTS’ MOTION FOR ) SUMMARY JUDGMENT 15 Defendants. ) ) (Docs. 40, 41, 51) 16 ) 17 Kory O’Brien seeks to hold the defendants liable for retaliation in violation of the First 18 Amendment pursuant to 42 U.S.C. § 1983. (See Docs. 10, 13.) The assigned magistrate judge found 19 Plaintiff failed to establish his retaliation claim against Defendants based on the filing of a counseling 20 chrono rules violation report. Therefore, the magistrate judge recommended Defendants’ motion for 21 summary judgment be granted, Plaintiff’s motion to suppress his deposition and cross-motion for 22 summary judgment be denied. (Doc. 51) 23 The Court served the Findings and Recommendations on the parties on January 17, 2023, and 24 informed the parties that any objections must be filed within 21 days of the date of service. (Doc. 51 25 at 20.) In addition, the Court informed the parties that “failure to file objections within the specified 26 time may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 27 839 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) No party filed 28 objections, and the deadline to do so expired. 1 Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. 2 || Having carefully reviewed the entire matter, the Court concludes the Findings and Recommendations 3 || are supported by the record and by proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on January 17, 2023 (Doc. 51), are 5 ADOPTED in full. 6 2. Defendants’ motion for summary judgment (Doc. 40) is GRANTED. 7 3. Plaintiff's motion to suppress his deposition and cross-motion for summary judgment 8 (Doc. 41) are DENIED. 9 4. The Clerk of Court is directed to judgment and close this action. 10 11 ||IT IS SO ORDERED. 12 Dated: _ February 23, 2023 Charis [Tourn 13 TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28