(PC) Tillman v. Kokor et al, No. 1:2018cv01171 - Document 40 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 37 Findings and Recommendations and GRANTING 28 Defendant's Motion for Summary Judgment, signed by District Judge Dale A. Drozd on 9/7/2021. CASE CLOSED. (Rivera, O)

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(PC) Tillman v. Kokor et al Doc. 40 Case 1:18-cv-01171-DAD-HBK Document 40 Filed 09/08/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID TILLMAN, 12 Plaintiff, 13 v. 14 KOKOR, 15 Defendant. No. 1:18-cv-01171-DAD-HBK (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. Nos. 28, 37) 16 17 Plaintiff David Tillman is a former state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Defendant moved for summary judgment on March 3, 2020. (Doc. No. 28.) On July 26, 21 2021, the assigned magistrate judge issued findings and recommendations, recommending that 22 defendant’s summary judgment be granted because the undisputed evidence established that 23 defendant’s treatment of plaintiff did not amount to medical deliberate indifference. (Doc. No. 24 37.) The findings and recommendations were served upon all parties and contained notice that 25 any objections were to be filed within fourteen days of the date of service. (Id. at 11). Plaintiff 26 sought and received an extension of time until August 25, 2021 to file his objections to the 27 pending findings and recommendations. (Doc. Nos. 38, 39.) Nonetheless, no objections were 28 ultimately filed and the time to do so has since passed. Dockets.Justia.com Case 1:18-cv-01171-DAD-HBK Document 40 Filed 09/08/21 Page 2 of 2 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the pending 3 findings and recommendations to be supported by the record and proper analysis. 4 Accordingly, 5 1. The findings and recommendations issued on July 26, 2021 (Doc. No. 37) are adopted in full; 6 7 2. Defendant’s motion for summary judgment (Doc. No. 28) is granted; and 8 3. The Clerk of the Court is directed to close this case. 9 10 11 IT IS SO ORDERED. Dated: September 7, 2021 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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