(PC) Parnell v. Win et al, No. 2:2018cv00220 - Document 43 (E.D. Cal. 2020)
Court Description: ORDER signed by Senior Judge William B. Shubb on 4/17/2020 ADOPTING 39 Findings and Recommendations in full, GRANTING 28 Motion for Summary Judgment. CASE CLOSED. (Coll, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICKY PARNELL, 12 Plaintiff, 13 v. 14 DR. WIN, et al., 15 No. 2:18-cv-0220 WBS KJN P ORDER 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 January 6, 2020, the magistrate judge filed findings and recommendations herein 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. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 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. The court notes that even if it were to consider plaintiff’s untimely filings, the evidence 28 submitted would still be insufficient to support a finding that defendants were deliberately 1 1 indifferent to a serious medical need of plaintiff. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed January 6, 2020, are adopted in full; and 4 2. Defendants’ motion for summary judgment (ECF No. 28) is granted. 5 Dated: April 17, 2020 6 7 8 /parn0220.805 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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