Hoskins v. Ngyen

Filing 32

ORDER ADOPTING 31 Findings and Recommendations and Granting Defendants' 26 Motion for Summary Judgment, signed by District Judge Dale A. Drozd on 11/21/19. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY HOSKINS,

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Plaintiff,

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v.

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L. NGYEN, et al.,

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No. 1:17-cv-01133-DAD-SAB (PC)

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT
Defendants.
(Doc. Nos. 26, 31)

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Plaintiff Anthony Hoskins 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 matter was referred to a United States

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

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On March 29, 2019, defendants L. Ngyen and Dr. U. Baniga moved for summary

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judgment under Federal Rule of Civil Procedure 56, arguing that plaintiff’s Eighth Amendment

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claim of deliberate indifference to a serious medical did not amount to a cognizable constitutional

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violation because it was based on mere a difference of opinion as to the appropriate course of

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treatment for plaintiff’s cystic acne. (Doc. No. 26.) On July 10, 2019, the assigned magistrate

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judge issued findings and recommendations, recommending that defendants’ motion for summary

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judgment be granted and judgment be entered in favor of defendants. (Doc. No. 31.) The

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findings and recommendations were served on the parties and contained notice that any
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objections thereto were to be filed within thirty days after service. (Id. at 14.) No objections have

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been filed and the time for doing so has now passed.

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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 the findings

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and recommendations to be supported by the record and by proper analysis.

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Accordingly,

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1. The findings and recommendations issued on July 10, 2019 (Doc. No. 31) are adopted

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in full;
2. Defendants’ motion for summary judgment (Doc. No. 26) is granted; and
3. The Clerk of the Court is directed to enter judgment in favor of defendants L. Ngyen

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and Dr. U. Baniga and close this case.
IT IS SO ORDERED.
Dated:

October 21, 2019
UNITED STATES DISTRICT JUDGE

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