Opinion
2:19-cv-02152-DJC-CKD P
09-19-2023
JAMES ALEXANDER RIALS, Plaintiff, v. J. LOZANO, et al., Defendants.
ORDER
HON. DANIEL J. CALABRETTA UNITED STATES DISTRICT JUDGE
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 21, 2023, the Magistrate Judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 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 findings and recommendations filed July 21, 2023, are adopted in full;
2. Defendant Bowen's motion for summary judgment (ECF No. 101) is granted;
3. Plaintiff's motion in limine (ECF No. 99) is denied as moot in light of the recommendation to enter judgment in favor of defendant;
4. Defendant's motion to strike plaintiff's motion in limine (ECF No. 100) is denied as unnecessary;
5. Plaintiff's request for subpoenas (ECF Nos. 97-98) is denied as moot; and
6. The Clerk of the Court is directed to enter judgment in favor of defendant Bowen and close this case.
IT IS SO ORDERED.