Witkin v. Lotersztain et al
Filing
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ORDER signed by District Judge Morrison C. England, Jr on 5/15/2018 ADOPTING 83 Findings and Recommendations in full and GRANTING 30 and 63 Motion for Summary Judgment. The court DECLINES to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c) as to plaintiffs state law claims and DENIES 72 request for sua sponte summary judgment in his favor. (Hunt, G)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL AARON WITKIN,
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Plaintiff,
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No. 2:15-cv-0638 MCE KJN P
v.
ORDER
MARIANA LOTERSZTAIN, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 26, 2018, the magistrate judge filed findings and recommendations herein
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within fourteen days. Plaintiff has filed
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objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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court finds the findings and recommendations to be supported by the record and by proper
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analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed February 26, 2018, are adopted in full;
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2. Defendants’ motion for summary judgment (ECF Nos. 30 and 63) are granted;
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3. The court declines to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c) as
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to plaintiff’s state law claims; and
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4. Plaintiff’s request for sua sponte summary judgment in his favor (ECF No. 72) is
denied.
IT IS SO ORDERED.
Dated: May 15, 2018
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