McRae v. Dikran et al

Filing 113

ORDER ADOPTING Findings and Recommendations, GRANTING Defendant Betz's Motion for Summary Judgment as to Bivens Claims, and DECLINING to exercise Supplemental Jurisdiction over Plaintiff's State Law Claims and DIRECTING the Clark to enter Judgment in favor of Defendant Betz as to the Bivens Claim 81 , 105 signed by District Judge Dale A. Drozd on 7/15/2021. Defendant, David Betz dismissed from this action. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL SCOTT McRAE,

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Plaintiff,
v.
BAIRAMIAN DIKRAN, et al.,

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Defendants.

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No. 1:16-01066-NONE-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING
DEFENDANT BETZ’S MOTION FOR
SUMMARY JUDGMENT AS TO BIVENS
CLAIMS, AND DECLINING TO EXERCISE
SUPPLEMENTAL JURISDICTION OVER
STATE LAW CLAIMS AND DIRECTING
THE CLERK TO ENTER JUDGMENT IN
FAVOR OF DEFENDANT BETZ AS TO THE
BIVENS CLAIM
(Doc. Nos. 81, 105.)

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ORDER

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Michael Scott McRae (“Plaintiff”) is a former federal prisoner proceeding pro se and in

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forma pauperis with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403

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U.S. 388 (1971). The matter was referred to a United States Magistrate Judge pursuant to 28

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

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On May 3, 2021, findings and recommendations were entered, recommending that

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defendant Dr. Betz’s motion for summary judgment, filed on October 27, 2020, be granted. (Doc.

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No. 105.) The parties were granted fourteen days in which to file objections to the findings and

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recommendations. (Id.) The fourteen-day deadline has now expired, and no objections have

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been filed.
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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, the

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court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly,

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1.

The findings and recommendations entered on May 3, 2021, are adopted in full;

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2.

The motion for summary judgment filed by defendant Dr. Betz on October 27,

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2020, is granted as to plaintiff’s Bivens claims under the Eighth Amendment;
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claims against defendant Dr. Betz;
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The court declines to exercise supplemental jurisdiction over plaintiff’s state law

Summary judgment is granted in favor of defendant Dr. Betz as to plaintiff’s
Bivens claim brought against him;

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This case now proceeds only against defendants David Bairamian and Kevin

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Cuong Nguyen on plaintiff’s Bivens claims for inadequate medical care and state

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law claims for medical malpractice and medical battery;

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6.

case on the court’s docket; and

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The Clerk of Court is directed to reflect defendant Dr. Betz’s dismissal from this

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This case is referred back to the magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated:

July 15, 2021
UNITED STATES DISTRICT JUDGE

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