(PC) McNeil v. Toor

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL MCNEIL, Case No. 1:19-cv-1257-KES-HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 v. (Docs. 53, 84) 14 KIRAN TOOR, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action brought pursuant to 18 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On January 2, 2024, the magistrate judge issued findings and recommendations, 21 recommending that defendants’ motion for summary judgment be granted because there is no 22 genuine dispute of material fact that any defendant was deliberately indifferent to plaintiff’s 23 serious medical need. See Doc. 84. The magistrate judge found that although plaintiff had a 24 serious medical need, the undisputed evidence showed that defendants’ response was not one of 25 deliberate indifference and there was no constitutional violation, and therefore defendants were 26 entitled to judgment as a matter of law. Id. at 24-25. 27 The findings and recommendations were served on plaintiff and provided him 14 days to 28 file objections thereto. Id. at 26-27. The court also advised plaintiff that failure to file objections 1 | by the specified time might result in the waiver of rights on appeal. Jd., citing Wilkerson vy. 2 | Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014). Plaintiff did not file objections, and the time to 3 | do so has expired. 4 In accordance with 28 U.S.C. § 636(b)(1), this court has conducted a de novo review of 5 | this case. Having carefully reviewed the file, the court concludes that the findings and 6 || recommendations are supported by the record and by proper analysis. 7 Accordingly, it is HEREBY ORDERED that: 8 1. The findings and recommendations, issued on January 2, 2024 (Doc. 84), are 9 ADOPTED IN FULL; 10 2. Defendants’ motion for summary Judgment, filed on November 10, 2021 (Doc. 53), is 11 GRANTED; 12 3. The Clerk of Court is directed to enter judgment in favor of defendants and against 13 plaintiff and to close this case. 14 15 16 | IT IS SO ORDERED. _ 17 Dated: _ August 26, 2024 4h ig UNITED STATES DISTRICT JUDGE

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