(PC) Smith v. Fantone et al, No. 1:2016cv01179 - Document 57 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 23 , 24 & 53 signed by Chief Judge Lawrence J. O'Neill on 4/23/2018: This case is referred back to the magistrate judge for further proceedings. (Hellings, J)
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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 TRAYVONE SMITH, Case No. 1:16-cv-01179-LJO-EPG (PC) 8 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 10 11 v. (ECF NOS. 23, 24, & 53) EMMANUEL J. FANTONE and JASWANT KHOKHAR, Defendants. 12 13 Trayvone Smith (“Plaintiff”) is a former state prisoner proceeding pro se and in forma 14 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred 15 to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 16 On March 23, 2018, Magistrate Judge Erica P. Grosjean entered findings and 17 recommendations, recommending that all claims, except for Plaintiff’s claim for deliberate 18 indifference to serious medical needs against defendants Fantone and Khokhar and his claim 19 for violation of due process against defendant Khokhar, be dismissed (with Plaintiff’s state law 20 claims being dismissed without prejudice). (ECF No. 53, p. 8). 21 The parties were provided an opportunity to file objections to the findings and 22 recommendations. The deadline for filing objections has passed and no objections have been 23 filed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 26 the Court finds the findings and recommendations to be supported by the record and proper 27 analysis. 28 Accordingly, THE COURT HEREBY ORDERS that: 1 1 1. The findings and recommendations issued by the magistrate judge on March 23, 2 2018, are ADOPTED IN FULL; 3 2. All claims, except for Plaintiff’s claim for deliberate indifference to serious medical 4 needs against defendants Fantone and Khokhar and his claim for violation of due 5 process against defendant Khokhar, are DISMISSED (Plaintiff’s state law claims 6 are dismissed without prejudice); and 7 3. This case is referred back to the magistrate judge for further proceedings. 8 9 10 11 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ April 23, 2018 UNITED STATES CHIEF DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2