Opinion
2:09-cv-00009 SWW-JJV.
January 4, 2010
ORDER
The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge Joe J. Volpe and the parties' objections. After carefully considering the objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that Defendants' Motion for Summary Judgment (Doc. No. 29) is DENIED WITHOUT PREJUDICE.
Defendants raise several objections to the Magistrate Judge's Proposed Findings and Recommendations that may (or may not) prove meritorious. However, as noted by the Magistrate Judge, the denial of defendants' motion for summary judgment is without prejudice to its refiling upon further development of the record. In this respect, the defendants may, consistent with the applicable rules, set forth their objections and any other arguments in their refiled motion for summary judgment.
IT IS FURTHER ORDERED that Plaintiff's motion (Doc. No. 33) for the appointment of counsel and his request for reconsideration (Doc. No. 32) are DENIED, and that this matter shall be set for a pre-jury evidentiary hearing by separate Order.