Opinion
CASE NO. C06-698-TSZ.
November 16, 2007
ORDER
Having reviewed Defendants' Motion for Summary Judgment, docket no. 55, Plaintiff's Response, docket no. 59, the Report and Recommendation ("R R") of the Honorable James P. Donohue, United States Magistrate Judge, docket no. 65, Defendants' Objections thereto, docket no. 66, and the balance of the record, the Court ORDERS:
(1) The Court ADOPTS IN PART and DENIES IN PART the R R, docket no. 65, as outlined herein.
(2) The Court DENIES Defendants' Motion for Summary Judgment, docket no. 55, without prejudice.
(3) The Clerk is directed to appoint counsel from the Pro Bono Panel to represent Plaintiff, pursuant to 28 U.S.C. § 1915(e).
(4) The Court believes that further factual development of the record is necessary before the Court will be willing to entertain a second motion for summary judgment brought by Defendants. Specifically, Plaintiff, through appointed counsel, should have an opportunity to depose Defendants Autry and Russell. Once counsel is appointed, the Court directs the parties to submit a joint status report, proposing a discovery cutoff, a dispositive motions filing date, and a trial date.