Reyes v. Flores et al

Filing 49

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING Motion for Summary Judgment, DISMISSING Doe Defendant and Directing Parties to Participate in Settlement Conference 35 , 48 , signed by District Judge Dale A. Drozd on 9/19/2018: 14-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ABEL P. REYES,

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Plaintiff,

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No. 1:16-cv-00586-DAD-JLT

v.
M. FLORES, et al.,

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Defendants.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DENYING
MOTION FOR SUMMARY JUDGMENT,
DISMISSING DOE DEFENDANT, AND
DIRECTING PARTIES TO PARTICIPATE IN
SETTLEMENT CONFERENCE
(Doc. Nos. 35, 48)

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 16, 2018, the assigned magistrate judge issued findings and recommendations

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recommending that defendant’s motion for summary judgment be denied, that the remaining Doe

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defendant be dismissed from this action due to lack of service, and that the parties be ordered to

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participate in a settlement conference and to advise the court whether they requested court

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supervision of that settlement conference. (Doc. No. 48.) 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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(14) days. Neither party has filed objections, and the time in which to do so has passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has

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

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undersigned concludes the findings and recommendations are supported by the record and by

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proper analysis.

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Accordingly:
1. The findings and recommendations issued August 16, 2018 (Doc. No. 48) are adopted in
full;
2. Defendant’s motion for summary judgment filed on December 20, 2017 (Doc. No. 35) is
denied;
3. Defendant John Doe, RN is dismissed based on plaintiff’s failure to prosecute this action
as to that defendant; and
4. The parties shall participate in a settlement conference, and are direct to file statements

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within fourteen (14) days of service of this order indicating whether they desire the setting

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of a court supervised settlement conference.

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IT IS SO ORDERED.
Dated:

September 19, 2018
UNITED STATES DISTRICT JUDGE

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