(PC) Tillman v. Kokor et al

Filing 40

ORDER ADOPTING 37 Findings and Recommendations and GRANTING 28 Defendant's Motion for Summary Judgment, signed by District Judge Dale A. Drozd on 9/7/2021. CASE CLOSED. (Rivera, O)

Case 1:18-cv-01171-DAD-HBK Document 40 Filed 09/08/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID TILLMAN,

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Plaintiff,

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v.

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KOKOR,

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Defendant.

No. 1:18-cv-01171-DAD-HBK (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT
(Doc. Nos. 28, 37)

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Plaintiff David Tillman is a former state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate

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

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Defendant moved for summary judgment on March 3, 2020. (Doc. No. 28.) On July 26,

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2021, the assigned magistrate judge issued findings and recommendations, recommending that

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defendant’s summary judgment be granted because the undisputed evidence established that

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defendant’s treatment of plaintiff did not amount to medical deliberate indifference. (Doc. No.

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37.) The findings and recommendations were served upon all parties and contained notice that

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any objections were to be filed within fourteen days of the date of service. (Id. at 11). Plaintiff

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sought and received an extension of time until August 25, 2021 to file his objections to the

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pending findings and recommendations. (Doc. Nos. 38, 39.) Nonetheless, no objections were

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ultimately filed and the time to do so has since passed.

Case 1:18-cv-01171-DAD-HBK Document 40 Filed 09/08/21 Page 2 of 2

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the court finds the pending

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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 issued on July 26, 2021 (Doc. No. 37) are
adopted in full;

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Defendant’s motion for summary judgment (Doc. No. 28) is granted; and

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3.

The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

September 7, 2021
UNITED STATES DISTRICT JUDGE

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