Opinion
2:21-cv-01335-BHS-TLF
10-31-2023
CHRISTOPHER WILLIAM HARRIS, Plaintiff, v. JOSE PEREZ, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
BENJAMIN H. SETTLE, UNITED STATES DISTRICT JUDGE
The Court, having reviewed the Report and Recommendation of Judge Theresa L. Fricke, United States Magistrate Judge, objections to the report and recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) Defendant's motion for summary judgment (Dkt. 71) is GRANTED IN PART and DENIED in PART as set forth in the Report and Recommendation;
(3) Defendant's motion for dismissal under Federal Rule of Civil Procedure 37(d) and Local Civil Rule 11(c) (Dkt. 71) is DENIED.
(4) Plaintiff's in forma pauperis status should continue on appeal.