Jones

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS K. MILLS, No. 1:23-cv-01214-JLT-SAB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATION

RECOMMENDING PLAINTIFF’S THIRD

13 v. MOTION FOR SUMMARY JUDGMENT BE

DENIED, WITHOUT PREJUDICE

14 ZACHERY JONES, et al. (ECF No. 55) 15 Defendants. 16 17 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 18 U.S.C. § 1983. 19 Currently before the Court is Plaintiff’s third motion for summary judgment, filed April 20 22, 2024. (ECF No. 55.) 21 I. 22 DISCUSSION 23 “The court shall grant summary judgment if the movant shows that there is no genuine 24 dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. 25 Civ. P. 56(a). A party moving for summary judgment must include a “Statement of Undisputed 26 Facts.” Local Rule 260(a). Furthermore, this Court's local rule requires each motion of summary 27 judgment…