Jones

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS K. MILLS, Case No. 1:21-cv-01193-ADA-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DENY PLAINTIFF’S MOTION FOR

v. PARTIAL SUMMARY JUDGMENT

Z. JONES and J. RIVERA, FOURTEEN DAY OBJECTION PERIOD Defendants. (Doc. No. 123) 16 Pending before the Court is Plaintiff’s “motion for partial summary judgment” filed on July 29, 2022. (Doc. No. 123, “MSJ”). Defendants filed an opposition in their September 14, 2022 omnibus response. (Doc. No. 137). For the reasons below, the undersigned recommends the District Court deny Plaintiff’s MSJ. I. SUMMARY JUDGMENT STANDARD Summary judgment is appropriate when there is “no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A fact is material where it is (1) relevant to an element of a claim or a defense under the substantive law and (2) would affect the…