(PC) Vasquez v. Moghaddam ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW VASQUEZ, No. 2:19-cv-01283-TLN-AC 12 Plaintiff, 13 v. ORDER 14 EILYA MOGHADDAM, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 31, 2024, the magistrate judge filed findings and recommendations herein 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 twenty-one days. Plaintiff filed objections 23 to the findings and recommendations along with a motion for an extension of time so that his 24 objections would be timely filed. However, Plaintiff’s objections were timely filed without the 25 need for an extension of time. See Houston v. Lack, 487 U.S. 266 (1988) (establishing the prison 26 mailbox rule). As a result, the court denies the motion for an extension of time as moot. 27 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 28 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 1 | Court finds the findings and recommendations to be supported by the record and by proper 2 | analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Plaintiffs motion for an extension of time to file his objections (ECF No. 77) is 5 | DENIED as moot; 6 2. The findings and recommendations (ECF No. 75) are ADOPTED IN FULL; 7 3. Defendants’ motion for partial summary judgment (ECF No. 57) is GRANTED; 8 4. Plaintiffs cross-motion for summary judgment (ECF No. 62) is DENIED as moot; and 9 5. This case shall proceed to trial solely on the issue of whether Defendant Officer 10 | Wheeler was deliberately indifferent to Plaintiff's safety and medical needs when he transported 11 | plaintiff improperly and drove recklessly in a manner that caused pain and injury. 12 IT IS SO ORDERED. 13 | Date: September 16, 2024 14 yy /) Syl Tooke Troy L. Nunley . } United States District Judge 18 19 20 21 22 23 24 25 26 27 28