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(PC) Mario Amador Gonzalez v. Warden Soto, 1:16-cv-01675-DAD-EPG (PC). (2018)

Court: District Court, E.D. California Number: infdco20180205961 Visitors: 3
Filed: Feb. 01, 2018
Latest Update: Feb. 01, 2018
Summary: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 84) DALE A. DROZD , District Judge . Plaintiff Mario Gonzalez is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302. On January 3, 2018, the assigned magistrate judge re-screened plaintiff's second amended complaint, recognizing that a recent Ninth Circui
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS

(Doc. No. 84)

Plaintiff Mario Gonzalez is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On January 3, 2018, the assigned magistrate judge re-screened plaintiff's second amended complaint, recognizing that a recent Ninth Circuit opinion, Williams v. King, 875 F.3d 500 (9th Cir. 2017), held that 28 U.S.C. § 636(c)(1) requires the consent of all named plaintiffs and defendants, even those not served with process, before jurisdiction may vest in a magistrate judge to dispose of a civil case. (Doc. No. 84.) Concurrently, the magistrate judge issued findings and recommendations recommending that defendants Edmund G. Brown Jr., Kelly Harrington, and J. Beard/Scott Kernan be dismissed from this action due to plaintiffs' failure to state a claim against them. (Id. at 7.) The parties were provided an opportunity to file objections to the findings and recommendations within fourteen days. No objections were filed and the time for doing so has passed.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and proper analysis.

Accordingly:

1. The findings and recommendations issued by the magistrate judge on January 3, 2018 (Doc. No. 84) are adopted in full; 2. Defendants Edmund G. Brown Jr., Kelly Harrington, and J. Beard/Scott Kernan are dismissed from this action for plaintiff's failure to state a claim; 3. This action proceeds solely on plaintiff's Eighth Amendment claims against defendants R.N. Soto and Dr. Scharffenberg for deliberate indifference to serious medical needs; and 4. This case is referred back to the magistrate judge for further proceedings.

IT IS SO ORDERED.

Source:  Leagle

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