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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL SCOTT McRAE, 12 13 14 Plaintiff, v. BAIRAMIAN DIKRAN, et al., 15 Defendants. 16 17 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.) 18 ORDER 19 20 Michael Scott McRae (“Plaintiff”) is a former federal prisoner proceeding pro se and in 21 forma pauperis with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 22 U.S. 388 (1971). The matter was referred to a United States Magistrate Judge pursuant to 28 23 U.S.C. § 636(b)(1)(B) and Local Rule 302. 24 On May 3, 2021, findings and recommendations were entered, recommending that 25 defendant Dr. Betz’s motion for summary judgment, filed on October 27, 2020, be granted. (Doc. 26 No. 105.) The parties were granted fourteen days in which to file objections to the findings and 27 recommendations. (Id.) The fourteen-day deadline has now expired, and no objections have 28 been filed. 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and proper analysis. 4 Accordingly, 5 1. The findings and recommendations entered on May 3, 2021, are adopted in full; 6 2. The motion for summary judgment filed by defendant Dr. Betz on October 27, 7 8 2020, is granted as to plaintiff’s Bivens claims under the Eighth Amendment; 3. 9 10 claims against defendant Dr. Betz; 4. 11 12 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; 5. This case now proceeds only against defendants David Bairamian and Kevin 13 Cuong Nguyen on plaintiff’s Bivens claims for inadequate medical care and state 14 law claims for medical malpractice and medical battery; 15 6. case on the court’s docket; and 16 17 The Clerk of Court is directed to reflect defendant Dr. Betz’s dismissal from this 7. This case is referred back to the magistrate judge for further proceedings. 18 19 20 IT IS SO ORDERED. Dated: July 15, 2021 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2

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