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Ricks v. Onyeje, 1:15-cv-01148-AWI-BAM (PC). (2018)

Court: District Court, E.D. California Number: infdco20180510830 Visitors: 16
Filed: May 09, 2018
Latest Update: May 09, 2018
Summary: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 51), AND GRANTING DEFENDANT ONYEJE'S MOTION FOR SUMMARY JUDGMENT (ECF No. 41) ANTHONY W. ISHII , Senior District Judge . Plaintiff Scott K. Ricks is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. This case proceeds on Plaintiff's complaint against Defendants Onyeje and Navarro for deliberate indifference to serious medical needs in violation of the Eighth Amendment. (
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 51), AND GRANTING DEFENDANT ONYEJE'S MOTION FOR SUMMARY JUDGMENT (ECF No. 41)

Plaintiff Scott K. Ricks is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff's complaint against Defendants Onyeje and Navarro for deliberate indifference to serious medical needs in violation of the Eighth Amendment. (ECF No. 25.)1

On March 12, 2018, the assigned Magistrate Judge filed findings and recommendations ("F&R") recommending that Defendant Onyeje's motion for summary judgment be granted. (ECF No. 51.) The parties were given fourteen days to file objections to the F&R.

Plaintiff filed a motion for an extension of time to file objections to the F&R, dated March 18, 2018. (ECF No. 53.) The motion was granted. (ECF No. 54.) Plaintiff subsequently filed timely objections, on extension. (ECF No. 55.) Defendant Onyeje has filed no objections.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the Court has conducted a de novo review of the case. Having carefully reviewed the matter, the Court concludes that the F&R is supported by the record and by proper analysis.

ORDER

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed on March 12, 2018, (ECF No. 51) are adopted in full;

2. Defendant Onyeje's motion for summary judgment, filed November 1, 2017 (ECF No. 41), is granted; and

3. This matter is referred to the assigned Magistrate Judge for further proceedings consistent with this order.

IT IS SO ORDERED.

FootNotes


1. This case previously proceeded against three additional defendants who were dismissed from this action for the failure to state a claim upon which relief may be granted, on February 8, 2017. (ECF No. 29.) Thus, this matter proceeds solely against Defendants Onyeje and Navarro at this time.
Source:  Leagle

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