Gray v. Johnson et al
Filing
301
ORDER Adopting 297 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims signed by District Judge Dale A. Drozd on 1/8/2018. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DANA GRAY
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No. 1:13-cv-01473-DAD-GSA
Plaintiff,
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v.
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ROMERO, et al.
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS
(Doc. No. 297)
Defendants.
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Plaintiff Dana Gray is a prisoner proceeding pro se and in forma pauperis with this civil
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rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Plaintiff and defendant Rebel
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consented to magistrate judge jurisdiction pursuant to 28 U.S.C. § 6363(c). (Doc. Nos. 6, 71.)
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The remaining defendants declined to consent to magistrate judge jurisdiction. (Doc. No. 117.)
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The assigned magistrate judge previously screened plaintiff’s complaint before any
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defendants appeared. (Doc. No. 47.) On February 4, 2016, the magistrate judge found that
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plaintiff had stated cognizable Eighth Amendment and negligence claims in the Fourth Amended
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Complaint against defendants Mundunuri, Ziomek, Rebel, Romero, Comelli, and Loadhold. (Id.)
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The magistrate judge dismissed plaintiff’s due process claim without leave to amend because
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plaintiff’s medical claims are properly analyzed under the Eighth Amendment. (Id.)
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However, on November 9, 2017, the Ninth Circuit Court of Appeals held that 28 U.S.C.
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§ 636(c)(1) requires the consent of all named plaintiffs and defendants, even those not served
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with process, before jurisdiction may vest in a magistrate judge to dispose of a civil case.
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Williams v. King, 875 F.3d 500, 504 (9th Cir. 2017). Accordingly, the magistrate judge did not
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have jurisdiction to dismiss the above-described claim by way of the February 4, 2016 order.
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Therefore, in light of the Williams decision on December 13, 2017, the magistrate judge entered
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findings and recommendations, recommending that the claim be dismissed consistent with the
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magistrate judge’s prior screening order. (Doc. No. 297.) The findings and recommendations
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were served on the parties and contained notice that objections were to be filed within fourteen
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days. On December 28, 2017, plaintiff filed objections to the findings and recommendations.
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(Doc. No. 299.) Plaintiff’s objections do not substantively address the magistrate judge’s
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February 4, 2016 order dismissing plaintiff’s due process claim.
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file,
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including plaintiff’s objections, the court finds the findings and recommendations to be supported
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by the record and proper analysis.
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Accordingly,
1. The findings and recommendations issued by the magistrate judge on December 13, 2017,
are adopted in full;
2. Plaintiff’s due process claim alleged in the Fourth Amended Complaint is dismissed
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without leave to amend, for the reasons provided in the magistrate judge’s February 4,
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2016 screening order; and
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3. This case is referred back to the assigned magistrate judge for further proceedings.
IT IS SO ORDERED.
Dated:
January 8, 2018
UNITED STATES DISTRICT JUDGE
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