(PC) Garraway v. Ciufo ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MITCHELL THEOPHILUS No. 1:17-cv-00533-DAD-GSA (PC) GARRAWAY, 12 Plaintiff, 13 ORDER ADOPTING FINDINGS AND v. RECOMMENDATIONS AND DENYING 14 DEFENDANT MILLER’S MOTION FOR JACQUILINE CUIFO, et al., SUMMARY JUDGMENT 15 Defendants. (Doc. Nos. 41, 96.) 16 17 18 Plaintiff Mitchell Garraway is a federal prisoner proceeding pro se and in forma pauperis 19 with this civil rights action brought pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 20 (1971), and alleging a violation of his rights under the Eighth Amendment. The matter was 21 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 22 302. 23 On March 4, 2020, the assigned magistrate judge issued findings and recommendations, 24 recommending that defendant Miller’s motion for summary judgment be denied. (Doc. Nos. 41, 25 96.) The findings and recommendation were served on both parties and contained notice that any 26 objections thereto were to be filed within fourteen (14) days of the date of service. (Id.) No 27 objections have been filed and the time in which to do so has now passed. 28 ///// 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. The findings and recommendations issued on March 4, 2020 (Doc. No. 96) are 7 adopted in full; 8 2. Defendant Miller’s motion for summary judgment, filed on February 26, 2019 9 (Doc. No. 41), is denied; and 10 3. The matter is referred back to the assigned magistrate judge for further 11 proceedings. 12 | IT IS SO ORDERED. a - Dated: _ April 8, 2020 J aL Al 5 7 a 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28