Opinion

(PC) Wilkins v. Barber

Court
District Court, E.D. California
Filed
Mar 23, 2023
Cited by
0 cases

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 KEENAN WILKINS, aka NERRAH No. 2:19-cv-1338 WBS KJN P

BROWN,

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Plaintiff,

13 ORDER

v.

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DR. CHRISTINE S. BARBER, et al.,

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Defendants.

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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.)

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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

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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