(PC) Dugger v. United States

Opinion

1 2 3 4 5 6 7 10 11 TIMOTHY DUGGER, No. 2:23-cv-01057-DC-AC (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 14 UNITED STATES OF AMERICA, et al., CERTAIN CLAIMS 15 Defendants. (ECF No. 7) 16 17 Plaintiff, a former federal inmate proceeding pro se, filed this civil rights action 18 under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 19 (1971), the Federal Tort Claims Act, the Americans with Disabilities Act, the Rehabilitation Act, 20 and state law. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 21 § 636(b)(1)(B) and Local Rule 302. 22 On January 29, 2025, the magistrate judge filed findings and recommendations herein that 23 were served on Plaintiff and contained notice to Plaintiff that any objections to the findings and 24 recommendations were to be filed within twenty-one days. (ECF No. 7.) Plaintiff has not filed 25 objections to the findings and recommendations. 26 ///// 27 ///// 28 ///// 1 The court has reviewed the file and finds the findings and recommendations to be 2 || supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 | ORDERED that: 4 1. The findings and recommendations (ECF No. 7) are ADOPTED in full; 5 2. Plaintiff's Americans with Disabilities Act and Rehabilitation Act claims against all 6 Defendants are dismissed without leave to amend; 7 3. Plaintiffs state law claims against Defendants Thompson, Bouleware, Brown, and 8 Allred are dismissed without leave to amend; 9 4. This case proceeds on Plaintiff's Eighth Amendment claim for inadequate medical 10 care against Defendants Thompson, Bouleware, Brown, and Allred and on □□□□□□□□□□□ 11 claim under the Federal Tort Claims Act against the United States of America; and 12 5. This matter is referred back to the assigned magistrate judge for all further pretrial 13 proceedings. 14 Dated: _ August 18, 2025 LY x 17 Dena Coggins United States District Judge 19 20 21 22 23 24 25 26 27 28