Bobadilla v. Knight

Filing 49

ORDER signed by District Judge John A. Mendez on 9/9/2020 ADOPTING 47 Findings and Recommendations in full and GRANTING 31 Motion for Summary Judgment, on the ground that defendant is entitled to qualified immunity in connection with plaintiff's retaliation claim. The court DECLINES to exercise supplemental jurisdiction over plaintiff's state law claims, which are DISMISSED without prejudice. CASE CLOSED. (York, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANTHONY BOBADILLA,

12

Plaintiff,

13

v.

14

No. 2:18-cv-1778 JAM KJN P

GARY KNIGHT,

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 July 20, 2020, 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 thirty days. Plaintiff filed objections to the

23

findings and recommendations. Defendant did not file a reply.
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 July 20, 2020, are adopted in full;

3

2. Defendant’s motion for summary judgment (ECF No. 31) is granted on the ground that

4
5
6
7

defendant is entitled to qualified immunity in connection with plaintiff’s retaliation claim;
3. The court declines to exercise supplemental jurisdiction over plaintiff’s state law
claims, which are dismissed without prejudice; and
4. This action is terminated.

8
9
10
11

DATED: September 9, 2020
/s/ John A. Mendez____________

_____

UNITED STATES DISTRICT COURT JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2