Acinelli v. Baniga et al

Filing 39

ORDER ADOPTING 30 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER Dismissing Certain Claims and Defendants; and ORDER Directing Clerk of Court to Assign Action Entirely to Magistrate Judge Jeremy D. Peterson signed by District Judge Anthony W. Ishii on 6/8/2018. (Jessen, A)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

SAMUEL A. ACINELLI,

10
11
12

Plaintiff,
vs.
ULYSSES VILLAMIL BANIGA, et al.,

13

Defendant.

14
15

Old Case No. 1:15-cv-01616 AWI-JDP (PC)
New Case No. 1:15-cv-1616 JDP (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS NONCOGNIZABLE CLAIMS AND ORDER
REASSINGING MATTER DUE TO
CONSENTS
(ECF No. 30)

Samuel A. Acinelli (“Plaintiff”) is a state prisoner proceeding pro se and in forma

16

pauperis with this civil rights action pursuant to 42 U.S.C. ' 1983. The matter was referred to

17

a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

18

On April 9, 2018, the Magistrate Judge entered findings and recommendations that this

19

case proceed on Plaintiff’s cognizable claim against Defendants Baniga and Hill for violation

20

of the Eighth Amendment and against Defendant Baniga for negligent infliction of emotional

21

distress, ordinary negligence, and medical malpractice. (ECF No. 30 at 16.) The Magistrate

22

Judge further recommended that all other claims and all other defendants be dismissed with

23

prejudice. (Id.) The parties were provided an opportunity to file objections to the findings and

24

recommendations. No objections were filed.

25

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this

26

Court has conducted a de novo review of this case. Having carefully reviewed the entire file,

27

the Court finds the findings and recommendations to be supported by the record and proper

28

analysis.
1

1

Additionally, the Plaintiff and the remaining Defendants have each consented to

2

Magistrate Judge jurisdiction over this case. See Doc. Nos. 4, 19. Because all parties to this

3

action have voluntarily consented to have a Magistrate Judge conduct any and all further

4

proceedings in the case, including the trial and entry of a final judgment, it is appropriate to

5

reassign this matter to the Magistrate Judge.

6
7

Accordingly, IT IS HEREBY ORDERED that:

8

1. The findings and recommendations issued by the Magistrate Judge on April 9, 2018,

9
10

(ECF No. 30), are ADOPTED in full;
2. This case shall proceed on Plaintiff’s cognizable claim against Defendants

11

Baniga and Hill for violation of the Eighth Amendment and against

12

Defendant Baniga for negligent infliction of emotional distress, ordinary

13

negligence, and medical malpractice;

14

3. All other claims and all other defendants are dismissed with prejudice;

15

4. This action is assigned to United States Magistrate Jeremy D. Peterson for all

16

purposes within the meaning of 28 U.S.C. § 636(c), to conduct any and all further

17

proceedings in the case, including the trial and entry of final judgment;

18
19
20
21

5. The Clerk of the Court is directed to assign this action in its entirety to Magistrate
Judge Jeremy D. Peterson;
6. Any future hearing dates set before the undersigned are VACATED and
REASSIGNED to the calendar of Magistrate Judge Jeremy D. Peterson; and

22

7. The new case number for this matter shall be 1:15-cv-1616 JDP (PC), and the

23

parties shall use case number 1:15-cv-1616 JDP (PC) in all further filings.

24
25
26

IT IS SO ORDERED.
Dated: June 8, 2018
SENIOR DISTRICT JUDGE

27
28
2