Ellis v. Baraceros et al

Filing 46

ORDER signed by District Judge John A. Mendez on 7/18/18 adopting 41 FINDINGS AND RECOMMENDATIONS and granting in part and denying in part 33 Motion for Summary Judgment. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BENJAMIN ELLIS,

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No. 2:16-cv-1083 JAM KJN P

Plaintiff,
v.

ORDER

L. BARACEROS, 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.

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On June 19, 2018, 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. Neither party has filed

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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 June 19, 2018, are adopted in full;

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2. Defendants’ motion for summary judgment (ECF No. 33) is granted as to plaintiff’s
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medical deliberate indifference claims against defendant Baraceros, and such claims are

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dismissed without prejudice;

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3. Defendants’ motion for summary judgment as to plaintiff’s medical deliberate
indifference claims against defendant Dr. Ko (ECF No. 33) is denied; and
4. This action is remanded to the magistrate judge for further scheduling.

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DATED: July 18, 2018
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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