Raynard Davis v. United States

Opinion

Case 5:21-cv-01475-CAS-SK Document 54 Filed 01/24/23 Page 1 of 2 Page ID #:170 'O'

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA RAYNARD DAVIS, Case No. 5:21-cv-1475-CAS (SK) Plaintiff, ORDER ACCEPTING REPORT v. AND RECOMMENDATION TO GRANT DEFENDANTS’ MOTION FEDERAL BUREAU OF FOR PARTIAL DISMISSAL OF PRISONS, et al., COMPLAINT Defendants.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the attached Report and Recommendation to grant Defendants’ motion for partial dismissal of Plaintiff’s complaint and any relevant records as needed. Because the deadline for objections has passed with none filed by either side, the Court need not review de novo the findings and conclusions in the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140, 154 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Based on its review, the Court accepts the Report and Recommendation as filed. IT IS THEREFORE ORDERED that Defendants’ motion be GRANTED as recommended and that Plaintiff’s Eighth Amendment claim against Defendants Martini and Gomez under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), be DISMISSED WITHOUT LEAVE TO AMEND. IT IS FURTHER ORDERED that, as recommended, the United States be substituted in place of the Federal Bureau of Prisons and the Victorville Case 5:21-cv-01475-CAS-SK Document 54 Filed 01/24/23 Page 2o0f2 Page ID#:171

Medical Department as the sole named Defendant in this action. With that substitution, the United States is ORDERED to answer Plaintiff's remaining claim under the Federal Tort Claims Act within 21 days of this order. The case remains referred to the assigned Magistrate Judge for pretrial proceedings. IT ISSO ORDERED.

DATED: January 24, 2023 Manohs A. f rgd CHRISTINA A. SNYDER U.S. DISTRICT JUDGE