Opinion
2:19-cv-02229-KJM-JDP (PC)
12-08-2021
BENNY WILLIAMS, Plaintiff, v. GAVIN NEWSOM, et al., Defendants.
ORDER
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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On August 20, 2021, the magistrate judge filed findings and recommendations, 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 timely objections to the findings and recommendations. See ECF No. 66. Before this court issued its order, plaintiff filed an appeal to the Ninth Circuit Court of Appeals, ECF No. 68, which that court dismissed for lack of jurisdiction, noting “the order challenged in the appeal is not final or appealable.” ECF No. 71 (citing Serine v. Peterson, 989 F.2d 371, 372-73 (9th Cir. 1993) (magistrate judge's findings and recommendations not appealable; premature appeal not cured by subsequent entry of final judgment by district court)).
Because the appeal was dismissed and a mandate issued, see ECF No. 73, this court has jurisdiction to address the pending findings and recommendations regarding plaintiffs motion for summary judgment. 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 reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed August 20, 2021, ECF No. 60, are adopted in full;
2. Plaintiffs motion for summary judgment, ECF No. 39, is denied; and
3. This matter is referred back to the assigned magistrate judge for all further pretrial proceedings.