(PC) Wilkins v. Barber ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEENAN WILKINS, aka NERRAH No. 2:19-cv-1338 WBS KJN P BROWN, 12 Plaintiff, 13 ORDER v. 14 DR. CHRISTINE S. BARBER, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, 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 30, 2023, 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 twenty-one days. Plaintiff filed 23 objections to the findings and recommendations.1 (ECF No. 271.) On March 2, 2023, plaintiff 24 asked the Court to take judicial notice of Woodson v. Sahota, 2016 U.S. Dist. LEXIS 24104 (E.D. 25 Cal. Feb. 26, 2019). (ECF No. 273.) Defendants filed responses. (ECF Nos. 274, 275.) 26 27 1 The magistrate judge limited objections to fifteen pages. (ECF No. 268 at 60.) Plaintiff’s objections are forty-nine pages. (ECF No. 271.) Despite plaintiff’s failure to comply, the Court 28 considers plaintiff’s objections. 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 2 | court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 | court finds the findings and recommendations to be supported by the record and by proper 4 | analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed January 30, 2023, are adopted in full; 7 2. Defendant Barber’s motion for summary judgment (ECF No. 198) is granted; 8 3. The remaining defendants’ motion for summary judgment (ECF No. 199) is granted; 9 4. The court declines to exercise supplemental jurisdiction over plaintiff's state law 10 | claims, and dismisses such state law claims without prejudice; and 11 5. The Clerk of the Court is directed to enter judgment and close this case. 12 | Dated: March 22, 2023 he Lhe 4k_AdZ.kt 13 WILLIAM B. SHUBB 4 UNITED STATES DISTRICT JUDGE 15 Awilk1338.805.268 16 17 18 19 20 21 22 23 24 25 26 27 28