(PC) Ellis v. Baraceros et al, No. 2:2016cv01083 - Document 46 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 7/18/18 adopting 41 FINDINGS AND RECOMMENDATIONS and granting in part and denying in part 33 Motion for Summary Judgment. (Kaminski, H)
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(PC) Ellis v. Baraceros et al Doc. 46 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN ELLIS, 12 13 14 No. 2:16-cv-1083 JAM KJN P Plaintiff, v. ORDER L. BARACEROS, 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. 20 On June 19, 2018, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed June 19, 2018, are adopted in full; 28 2. Defendants’ motion for summary judgment (ECF No. 33) is granted as to plaintiff’s 1 Dockets.Justia.com 1 medical deliberate indifference claims against defendant Baraceros, and such claims are 2 dismissed without prejudice; 3 4 5 3. Defendants’ motion for summary judgment as to plaintiff’s medical deliberate indifference claims against defendant Dr. Ko (ECF No. 33) is denied; and 4. This action is remanded to the magistrate judge for further scheduling. 6 7 8 9 DATED: July 18, 2018 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2