Gholar v. Yates

Full title: JOHN RAY GHOLAR, Plaintiff, v. JAMES A. YATES AND T.S. ARLIZ Defendants.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Jul 2, 2013

Case No. 1:12-cv-01182-LJO-SAB (PC) (E.D. Cal. Jul. 2, 2013)

Opinion

Case No. 1:12-cv-01182-LJO-SAB (PC)

07-02-2013

JOHN RAY GHOLAR, Plaintiff, v. JAMES A. YATES AND T.S. ARLIZ Defendants.

Lawrence J. O'Neill

ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, RECOMMENDING

DENYING PLAINTIFF'S MOTION FOR

SUMMARY JUDGMENT AS PREMATURE

(ECF Nos. 11 &21)

Plaintiff John Ray Gholar ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action in state court, and Defendants removed to this Court on July 19, 2012. (ECF No. 1.) On November 19, 2012, Plaintiff filed a motion for summary judgment. (ECF No. 11.) On May 16, 2013, the Magistrate Judge issued a findings and recommendations to deny the motion for summary judgment as premature. (ECF No. 21.) On May 30, 2013, Plaintiff filed objections to the findings and recommendations. (ECF No. 23.)

Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and by proper analysis.

Accordingly, it is HEREBY ORDERED that:

1. The Court adopts the findings and recommendations filed on May 16, 2013, in full; and
2. This matter is referred back to the Magistrate Judge for screening purposes.

IT IS SO ORDERED.

Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE