Soria v. Zuniga et al

Filing 27

ORDER ADOPTING 26 Findings and Recommendations and ORDER DENYING 22 Defendants' Motion for Judgment on the Pleadings signed by District Judge Dale A. Drozd on 2/9/2021. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN SORIA,

No. 1:18-cv-0635-NONE-JLT (PC)

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Plaintiff,

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v.
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RAFEL ZUNGIA, et al.,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
DEFENDANTS’ MOTION FOR JUDGMENT
ON THE PLEADINGS
(Doc. Nos. 22, 26)

Defendants.

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Plaintiff, a federal prisoner proceeding pro se, has filed this civil rights action seeking

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relief 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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Before the court is a motion for judgment on the pleadings filed by defendants Allison,

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Gonzalez, and Herron on the ground that plaintiff is attempting to extend Bivens v. Six Unknown

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Fed. Narcotics Agents, 403 U.S. 388 (1971), to a new context. (Doc. No. 22.) On December 2,

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2020, the assigned magistrate judge filed findings and recommendations recommending that

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defendants’ motion be denied, reasoning that the claim does not present a new context relative to

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the type of claim allowed under the decision in Carlson v. Green, 446 U.S. 14 (1980)

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(recognizing a damages remedy against federal prison officials for failure to provide adequate

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medical treatment under the Eighth Amendment’s Cruel and Unusual Punishment Clause). (Doc.

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No. 26.) The findings and recommendations were served on the parties and which contained

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notice that any objections to the findings and recommendations were to be filed within fourteen

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days. Neither party has filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be
supported by the record and by the magistrate judge’s analysis. Accordingly:

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1. The findings and recommendations filed December 2, 2020 (Doc. No. 26), are adopted

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in full;

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2. Defendants’ May 28, 2020, motion for judgment on the pleadings (Doc. No. 22) is

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denied; and

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3. This matter is referred back to the magistrate judge for further proceedings consistent

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with this order.

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IT IS SO ORDERED.

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Dated:
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February 9, 2021
UNITED STATES DISTRICT JUDGE

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