Jones

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 THOMAS K. MILLS, Case No. 1:23-cv-1214 JLT SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS DENYING

v. PLAINTIFF’S FOURTH MOTION FOR

SUMMARY JUDGMENT

ZACHERY JONES, et al. (Docs. 68, 69) Defendants. 16 Thomas K. Mills asserts the defendants violated his civil rights during Plaintiff’s incarceration at North Kern State Prison and moved for summary judgment on his claims. (Doc. 55.) The magistrate judge found Plaintiff’s fourth motion for summary judgment was premature because “Defendants have not had sufficient opportunity to conduct discovery as it was just opened on April 10, 2024.” (Doc. 69 at 2, citing Doc. 51.) In addition, the magistrate judge found the motion was “procedurally deficient,” because Plaintiff did not prepare “a separate statement of undisputed facts as required by Local Rule 260(a).” (Id.) Therefore, the magistrate judge recommended the motion be denied without prejudice. (Id. at 3.)…