Salazar v. Kokor et al
ORDER Adopting 47 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims signed by District Judge Anthony W. Ishii on 1/10/2018. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CASE NO. 1:14-cv-00211-AWI-MJS (PC)
DR. KOKOR, et al.,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
(ECF No. 47)
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United
States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On September 21, 2015, the Magistrate Judge screened Plaintiff’s third amended
complaint and concluded that it states a cognizable Eighth Amendment claim against Dr.
Winfred Kokor. (ECF No. 19.) The remaining claims and defendants were dismissed with
prejudice for failure to state a claim. The matter since has proceeded through discovery
and summary judgment before the undersigned. It presently is set for a settlement
conference on January 11, 2018, and trial on June 5, 2018. (ECF Nos. 44, 45.)
On December 4, 2017, the Magistrate Judge re-screened Plaintiff’s third amended
complaint, recognizing that a recent Ninth Circuit opinion, Williams v. King, 875 F.3d 500
(9th Cir. 2017), held that a magistrate judge does not have jurisdiction to dismiss claims
with prejudice in screening prisoner complaints absent the consent of all parties, even if
the plaintiff has consented to magistrate judge jurisdiction, as plaintiff had here. (Doc.
No. 47.) Concurrently, the magistrate judge issued findings and recommendations
recommending that the undersigned dismiss the non-cognizable claims. (Id.) Plaintiff
was given fourteen days to file his objections to those findings and recommendations.
Plaintiff did not file any objections, and the time in which to do so has now passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304,
the Court has conducted a de novo review of Plaintiff’s case. The Court finds the findings
and recommendations to be supported by the record and by proper analysis.
Accordingly, it is HEREBY ORDERED that:
1. The findings and recommendations issued December 4, 2017 are adopted
2. The action shall continue to proceed only on Plaintiff’s cognizable Eighth
Amendment claim against Defendant Kokor; and
3. All other claims and defendants are dismissed with prejudice for failure to
state a claim.
IT IS SO ORDERED.
Dated: January 10, 2018
SENIOR DISTRICT JUDGE
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