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 THIRD MOTION FOR

SUMMARY JUDGMENT

ZACHERY JONES, et al. (Docs. 55, 57) 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 third motion for summary judgment was premature because the Court issued its scheduling order—and thereby opened discovery in the action—less than two weeks before Plaintiff filed his motion. (See Doc. 37 at 2.) Therefore, the magistrate judge recommended the motion be denied. (Id. at 3.) The Court served the Findings and Recommendations on Plaintiff and notified him that any objections were to be filed within 14 days after service. (Doc. 57 at 3.) The Court advised him that the…