Bivins v. Ju et al

Filing 97

ORDER signed by Senior Judge Morrison C. England, Jr. on 3/31/2021 ADOPTING IN FULL 81 Findings and Recommendations and GRANTING 71 Motion for Summary Judgment. This action is terminated. CASE CLOSED. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH BIVINS,

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No. 2:16-cv-00389 MCE KJN P
Plaintiff,

v.

ORDER

DR. JEU, e 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.

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On April 14, 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 thirty days. Following multiple extensions

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of time, plaintiff was granted sixty days from January 11, 2021, in which to file objections. That

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time has passed, and neither party has filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed April 14, 2020, are adopted in full;
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2. Defendant’s motion for summary judgment (ECF No. 71) is granted; and

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3. This action is terminated.

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IT IS SO ORDERED.

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Dated: March 31, 2021

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