(PC) Ricks v. Onyeje et al, No. 1:2015cv01148 - Document 58 (E.D. Cal. 2018)

Court Description: ORDER Adopting 51 Findings and Recommendations, and Granting Defendant Onyeje's 41 Motion for Summary Judgment, signed by District Judge Anthony W. Ishii on 5/9/18. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SCOTT K. RICKS, Plaintiff, 11 v. 12 13 O. ONYEJE, et al., Defendants. 14 15 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:15-cv-01148-AWI-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 51), AND GRANTING DEFENDANT ONYEJE’S MOTION FOR SUMMARY JUDGMENT (ECF No. 41) 16 Plaintiff Scott K. Ricks is a state prisoner proceeding pro se and in forma pauperis in this 17 civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s complaint 18 against Defendants Onyeje and Navarro for deliberate indifference to serious medical needs in 19 violation of the Eighth Amendment. (ECF No. 25.)1 20 On March 12, 2018, the assigned Magistrate Judge filed findings and recommendations 21 (“F&R”) recommending that Defendant Onyeje’s motion for summary judgment be granted. 22 (ECF No. 51.) The parties were given fourteen days to file objections to the F&R. 23 Plaintiff filed a motion for an extension of time to file objections to the F&R, dated 24 March 18, 2018. (ECF No. 53.) The motion was granted. (ECF No. 54.) Plaintiff subsequently 25 filed timely objections, on extension. (ECF No. 55.) Defendant Onyeje has filed no objections. 26 27 28 1 This case previously proceeded against three additional defendants who were dismissed from this action for the failure to state a claim upon which relief may be granted, on February 8, 2017. (ECF No. 29.) Thus, this matter proceeds solely against Defendants Onyeje and Navarro at this time. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the 2 Court has conducted a de novo review of the case. Having carefully reviewed the matter, the 3 Court concludes that the F&R is supported by the record and by proper analysis. ORDER 4 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. 7 8 9 10 11 The findings and recommendations filed on March 12, 2018, (ECF No. 51) are adopted in full; 2. Defendant Onyeje’s motion for summary judgment, filed November 1, 2017 (ECF No. 41), is granted; and 3. This matter is referred to the assigned Magistrate Judge for further proceedings consistent with this order. 12 13 IT IS SO ORDERED. 14 Dated: May 9, 2018 15 SENIOR DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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