Govea v. Fox et al.

Filing 77

ORDER signed by Senior Judge Morrison C. England, Jr. on 3/24/2020 ADOPTING 75 Findings and Recommendations in full. The 65 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. The 67 Motion to Dismiss is GRANTED and defendant Wolfson is DISMISSED. This action shall proceed on plaintiff's remaining claims. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONNIE R. GOVEA,

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Plaintiff,

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No. 2:15-cv-2545 MCE DB P

v.

ORDER

ROBERT W. FOX, 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 March 5, 2020, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. ECF No. 75. Plaintiff has

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filed objections to the findings and recommendations. ECF No. 76.
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 March 5, 2020 (ECF No. 75), are ADOPTED

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in full;
2. The motion to dismiss filed by defendants Bick, Clark, Fox, Lewis and Rading (ECF
No. 65) is GRANTED in part and DENIED in part as follows:
a. Plaintiff may proceed with his Eighth Amendment claim against defendants
Bick, Clark, Fox, Lewis and Rading;

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b. Plaintiff’s ADA claims are DISMISSED; and

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c. The Court declines to exercise supplemental jurisdiction over plaintiff’s state

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law disability claims.
3. Defendant Wolfson’s motion to dismiss (ECF No. 67) is GRANTED and he is
DISMISSED as a defendant in this action.

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4. This action shall proceed on Plaintiff’s remaining claims.

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IT IS SO ORDERED.

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DATED: March 24, 2020

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_______________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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