(PC) Knight v. Nov et al

Filing 21

ORDER ADOPTING 16 Findings and Recommendations and DISMISSING Certain Claims and Defendants signed by District Judge Dale A. Drozd on 1/7/2021. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BOBBY KNIGHT, 12 13 14 Plaintiff, v. NKIRUKA NOV, et al., 15 No. 1:20-cv-01325-NONE-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS (Doc. Nos. 1, 9, 20) Defendants. 16 17 Bobby Knight (“plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action filed pursuant to 42 U.S.C. § 1983, which includes state law claims. The 19 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 20 Local Rule 302. 21 On December 9, 2020, the assigned magistrate judge entered findings and 22 recommendations, recommending that “all claims and defendants be dismissed, except for 23 Plaintiff’s Eighth Amendment claim against defendant Edwards for deliberate indifference to his 24 serious medical needs.” (Doc. No. 16 at 2.) 25 Plaintiff was provided an opportunity to file objections to the findings and 26 recommendations. The deadline to file objections has passed, and plaintiff did not file objections. 27 Plaintiff did file a motion to dismiss a claim against certain defendants (Doc. No. 20), which 28 appears to be a statement of non-opposition to the findings and recommendations (at least in 1 1 2 part). In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 3 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 4 court finds the findings and recommendations to be supported by the record and proper analysis. 5 Accordingly, 6 1. 7 8 are adopted in full; 2. 9 All claims and defendants are dismissed, except for Plaintiff’s Eighth Amendment claim against defendant Edwards for deliberate indifference to his serious medical 10 11 The findings and recommendations issued on December 9, 2020, (Doc. No. 16), needs; and 3. The Clerk of Court is directed to reflect the dismissal of all defendants on the court’s docket, except for defendant Edwards. 12 13 14 15 IT IS SO ORDERED. Dated: January 7, 2021 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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