Kern v. Ha

Summary

The United States District Court for the Eastern District of California adopted the Magistrate Judge’s findings and recommendations in a prisoner civil rights action under 42 U.S.C. § 1983. The court denied Plaintiff James Curtis Kern’s motion for summary judgment and referred the matter back to the assigned Magistrate Judge for further pretrial proceedings.

Holdings

1. The court presumed the magistrate judge's findings of fact correct and reviewed the magistrate judge's conclusions of law de novo.
2. The district court adopted the magistrate judge's findings and recommendations in full.
3. Plaintiff's motion for summary judgment was denied.

Questions Presented

1. Whether the district court should adopt the magistrate judge's findings and recommendations when no party filed objections.
2. Whether plaintiff's motion for summary judgment should be denied based on the magistrate judge's findings and recommendations.

Disposition

other