(PC) Mills v. Jones ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS K. MILLS, No. 1:23-cv-1214 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DENYING 13 v. PLAINTIFF’S SECOND MOTION FOR SUMMARY JUDGMENT 14 ZACHERY JONES, et al. (Docs. 34, 37) 15 Defendants. 16 17 Plaintiff asserts the defendants violated his civil rights during Plaintiff’s incarceration at 18 North Kern State Prison and moved for summary judgment on his claims. (Doc. 34.) The 19 magistrate judge found the motion was premature because the defendants have not filed a 20 responsive brief and discovery has not been opened yet. (Doc. 37 at 2.) Therefore, the magistrate 21 judge recommended the motion be denied. (Id. at 3.) 22 The Court served the Findings and Recommendations on the plaintiff and notified him 23 that any objections were due within 14 days. (Doc. 37 at 3.) The Court advised him that the 24 “failure to file objections within the specified time may result in the waiver of rights on appeal.” 25 (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file 26 objections, and the time to do so has passed. 27 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 28 case. Having carefully reviewed the matter, the Court concludes the Findings and 1 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 2 1. The Findings and Recommendations issued on January 4, 2024 (Doc. 37) are 3 ADOPTED in full. 4 2. Plaintiff's motion for summary judgment (Doc. 34) is DENIED. 5 6 IT IS SO ORDERED. Dated: _ February 5, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28