(PC) Witkin v. Lotersztain et al, No. 2:2015cv00638 - Document 92 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Morrison C. England, Jr on 5/15/2018 ADOPTING 83 Findings and Recommendations in full and GRANTING 30 and 63 Motion for Summary Judgment. The court DECLINES to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c) as to plaintiffs state law claims and DENIES 72 request for sua sponte summary judgment in his favor. (Hunt, G)

Download PDF
(PC) Witkin v. Lotersztain et al Doc. 92 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL AARON WITKIN, 12 Plaintiff, 13 14 No. 2:15-cv-0638 MCE KJN P v. ORDER MARIANA LOTERSZTAIN, et al., 15 Defendants. 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 February 26, 2018, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations. 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 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 26, 2018, are adopted in full; 3 2. Defendants’ motion for summary judgment (ECF Nos. 30 and 63) are granted; 4 3. The court declines to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c) as 5 to plaintiff’s state law claims; and 6 7 8 9 4. Plaintiff’s request for sua sponte summary judgment in his favor (ECF No. 72) is denied. IT IS SO ORDERED. Dated: May 15, 2018 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.