(PC) Flynn v. Canlas, et al., No. 1:2016cv01052 - Document 60 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS regarding Defendant's Motion for Summary Judgment 59 signed by District Judge Anthony W. Ishii on 9/30/2019. CASE CLOSED. (Lundstrom, T)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DAVID FLYNN, 11 Plaintiff, 12 v. 13 CANLAS, et al., 14 Case No. 1:16-cv-01052-AWI-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF No. 59) Defendants. 15 16 Plaintiff David Flynn (“Plaintiff”) is a former state prisoner proceeding pro se and in 17 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds 18 against Defendant Maddox for deliberate indifference to serious medical needs in violation of the 19 Eighth Amendment and for falsification of medical appeals responses. This matter was referred 20 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On September 9, 2019, the Magistrate Judge issued findings and recommendations that 22 Defendant’s motion for summary judgment be granted. (ECF No. 59.) The findings and 23 recommendations were served on the parties and contained notice that any objections were to be 24 filed within fourteen (14) days after service. (Id. at 13.) No objections have been filed, and the 25 deadline to do so has expired. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 27 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 28 findings and recommendations to be supported by the record and by proper analysis. 1 1 2 3 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations issued on September 9, 2019, (ECF No. 59), are adopted in full; 4 2. Defendant’s motion for summary judgment, (ECF No. 52), is GRANTED; and 5 3. Judgment shall be entered in favor of Defendant Maddox and the Clerk of the Court is 6 directed to close this case. 7 8 9 IT IS SO ORDERED. Dated: September 30, 2019 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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