Chau

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICKEY LEON SCOTT, Case No. 1:19-cv-01079-KES-HBK (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS DENYING

v. PLAINTIFF’S MOTION FOR JUDGMENT

ON THE PLEADINGS

J. CHAU, Doc. 49 Defendant. 16 Plaintiff Rickey Leon Scott (“Scott”) is a state prisoner proceeding pro se and in forma pauperis in this action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. Scott moved for judgment on the pleadings pursuant to Federal Rule of Civil Procedure (“Rule”) 12(c). Doc. 42. On August 4, 2023, the magistrate judge issued findings and recommendations, recommending the denial of Scott’s motion because Scott did not establish the absence of any genuine dispute of material fact. Doc. 49. The magistrate judge found that defendant Chau’s Answer raised facts that, if true, would defeat Scott’s claim and, as the moving 25 …