Millner v. Dileo et al

Filing 54

ORDER ADOPTING FINDINGS AND RECOMMENDATIONSRegarding Defendants' Motion for Summary Judgment on Non-Exhaustion Grounds 44 , 53 , signed by Chief Judge Lawrence J. O'Neill on 3/6/2019: This matter is referred to the assigned Magistrate Judge for further proceedings. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES W. MILLNER,

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Plaintiff,

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v.
DR. DILEO, et al.,

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Defendants.

Case No. 1:17-cv-00507-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT ON NON-EXHAUSTION
GROUNDS
(ECF Nos. 44 & 53)

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Plaintiff James W. Millner is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s Eighth

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Amendment claim for deliberate indifference to a serious medical need against Defendants Dr.

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DiLeo, Dr. Ulit, and Chief Physician Spaeth. (ECF Nos. 1, 8 & 11.) This matter was referred to

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a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 24, 2019, the assigned Magistrate Judge issued findings and recommendations

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that Defendant DiLeo’s motion for summary judgment due to Plaintiff’s non-exhaustion of

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available administrative remedies be denied. (ECF No. 53.) The findings and recommendations

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were served on the parties and contained notice that any objections thereto were to be filed within

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thirty (30) days after service. (Id. at 13-14.) No objections have been filed and the allotted time

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in which to do so has expired.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the Court finds that the

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findings and recommendations are supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations issued on January 24, 2019, (ECF No. 53), are
adopted in full;
2. Defendant DiLeo’s motion for summary judgment on non-exhaustion grounds, (ECF No.
44), is DENIED; and
3. This matter is referred to the assigned Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

March 6, 2019

UNITED STATES CHIEF DISTRICT JUDGE
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