Bivins v. Ju et al
Filing
50
ORDER ADOPTING 48 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 07/17/18 GRANTING 38 Motion for Summary Judgment and DISMISSING Dr. Jeu/Ju without prejudice. Within 30 days, plaintiff may file an amended complaint against Dr. Borges. (Benson, A.)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
JOSEPH BIVINS,
12
No. 2:16-cv-00389 MCE KJN P
Plaintiff,
13
v.
14
DR. JEU,
15
ORDER
Defendant.
16
17
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
18
under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
19
28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 14, 2018, the magistrate judge filed findings and recommendations herein which
20
21
were served on all parties and which contained notice to all parties that any objections to the
22
findings and recommendations were to be filed within fourteen days. Plaintiff has filed
23
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
24
25
court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
26
court finds the findings and recommendations to be supported by the record and by proper
27
analysis.
28
/////
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1. The findings and recommendations filed June 14, 2018, are adopted in full;
3
2. Defendant’s motion for summary judgment (ECF No. 38) is granted;
4
3. Dr. Jeu is dismissed from this action without prejudice; and
5
4. Within thirty days from the date of this order, plaintiff may file an amended complaint
6
7
8
against Dr. Borges.
IT IS SO ORDERED.
Dated: July 17, 2018
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?