Jones

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS K. MILLS, Case No. 1:23-cv-1214 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS DENYING

13 v. PLAINTIFF’S THIRD MOTION FOR

SUMMARY JUDGMENT

14 ZACHERY JONES, et al. (Docs. 55, 57) 15 Defendants. 16 17 Thomas K. Mills asserts the defendants violated his civil rights during Plaintiff’s 18 incarceration at North Kern State Prison and moved for summary judgment on his claims. (Doc. 19 55.) The magistrate judge found Plaintiff’s third motion for summary judgment was premature 20 because the Court issued its scheduling order—and thereby opened discovery in the action—less 21 than two weeks before Plaintiff filed his motion. (See Doc. 37 at 2.) Therefore, the magistrate 22 judge recommended the motion be denied. (Id. at 3.) 23 The Court served the Findings and Recommendations on Plaintiff and notified him that 24 any objections were to be filed within 14 days after service. (Doc. 57 at 3.) The Court advised 25 him that the…