(PC) Brown v. Wong, No. 2:2020cv01673 - Document 79 (E.D. Cal. 2023)
Court Description: ORDER signed by District Judge Dale A. Drozd on 07/25/23 ADOPTING 78 Findings and Recommendations in full and GRANTING 70 Motion for Summary Judgment CASE CLOSED. (Licea Chavez, V)
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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 CHARLES EDWARD BROWN, 12 Plaintiff, 13 14 No. 2:20-cv-01673-DAD-JDP (PC) v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT S.H. WONG, 15 Defendant. (Doc. Nos. 70, 78) 16 17 Plaintiff Charles Edward Brown is a former state prisoner proceeding pro se and in forma 18 19 pauperis in this civil rights action under 42 U.S.C. § 1983. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 15, 2023, the assigned magistrate judge issued findings and recommendations 21 22 recommending that defendant’s motion for summary judgment (Doc. No. 70) be granted because 23 based upon the evidence before the court on summary judgment “no reasonable juror could find 24 that defendant acted with deliberate indifference.” (Doc. No. 78 at 8.) The pending findings and 25 recommendations were served on the parties and contained notice that any objections thereto 26 were to be filed within fourteen (14) days after service. (Id.) No objections to the findings and 27 recommendations have been filed, and the time in which to do so has now passed. 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, the 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court concludes that the findings and recommendations are supported by the record and proper 4 analysis. 5 Accordingly: 6 1. 7 The findings and recommendations issued on May 15, 2023 (Doc. No. 78) are adopted in full; 8 2. Defendant’s motion for summary judgment (Doc. No. 70) is granted; 9 3. Judgment shall be entered in favor of defendant; and 10 4. The Clerk of the Court is directed to close this case. 11 IT IS SO ORDERED. 12 Dated: July 25, 2023 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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