Opinion
No. 1:14-CV-145-CL
05-07-2015
ORDER
PANNER, District Judge:
Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Because Plaintiff objects to the Report and Recommendation, I have reviewed this matter de novo. 28 U.S.C. § 636(b)(1)(C); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F. 2d 1309, 1313 (9th Cir. 1981). After review, I agree with Magistrate Judge Clarke that issues of material fact preclude summary judgment for either Plaintiff or Defendants.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#41) is adopted. Plaintiff's Motion for Partial Summary Judgment (#20) and Defendants' Amended Motion for Summary Judgment (#27) are denied.
IT IS SO ORDERED.
DATED this 7 day of May, 2015.
/s/_________
OWEN M. PANNER
U.S. DISTRICT JUDGE