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8 UNITED STATES DISTRICT COURT

9 FOR THE CENTRAL DISTRICT OF CALIFORNIA

10 DANELE MORGAN, Case No. 2:23-cv-01473-SSS-AJR 11

12 Petitioner,

ORDER ACCEPTING

13 FINDINGS, CONCLUSIONS v. AND RECOMMENDATIONS OF 14 UNITED STATES

WILLIAM WATSON, M.D., MAGISTRATE JUDGE

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16 Defendant.

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18 19 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second 20 Amended Complaint [Dkt. 31], all the records and files herein, the Report and 21 Recommendation of the United States Magistrate Judge [Dkt. 41], Plaintiff’s 22 Objections to the Report and Recommendation [Dkt. 48], and Defendant’s 23 Response to Plaintiff’s Objections [Dkt. 49]. The Court conducted a de novo 24 review of those portions to which Plaintiff has objected. However, Plaintiff’s 25 Objections do not cause the Court to disagree with the recommendations of the 26 United States Magistrate Judge. 27 Plaintiff objects that he has stated an Eighth Amendment claim under Bivens v. Six Unknown Agents, 403 U.S. 388 (1971), for deliberate indifference 1 to a serious medical need. [Dkt. 48 at 2-4]. The Court concurs with the Report 2 that Plaintiff’s claim is based on alleged excessive force in handling Plaintiff’s 3 knees and legs in a very rough and painful manner, not on a failure to provide 4 medical attention. [Dkt. 41 at 11; Dkt. 31 at 7]. Thus, Plaintiff’s allegations 5 present a new context that is not cognizable under Bivens. 6 Plaintiff further objects that administrative remedies for his claim are 7 unavailable. [Dkt. 48 at 5]. The Court concurs with the Report that the 8 existence of the Bureau of Prisons’ administrative grievance process is a special 9 factor counseling against extending Bivens to the new context presented here. 10 [Dkt. 41 at 11-12]. 11 Finally, Plaintiff objects that he should receive discovery. [Dkt. 48 at 5- 12 6]. The Court concurs with the Report that discovery is unwarranted because 13 Plaintiff has failed to state a claim upon which relief may be granted. [Dkt. 41 14 at 14-15]. 15 Accordingly, the Court accepts and adopts the findings, conclusions, and 16 recommendations of the Magistrate Judge. 17 IT IS ORDERED that Defendant’s Motion to Dismiss the Second 18 Amended Complaint be GRANTED [Dkt. 32], that this action be DISMISSED 19 with prejudice, that Plaintiff’s Motion for Discovery be DENIED [Dkt. 30], and 20 that Plaintiff’s Motion for Leave to File Supplemental Exhibit be DENIED 21 [Dkt. 40]. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 1 IT IS FURTHER ORDERED that the Clerk serve copies of this Order || and the Judgment herein on Plaintiff at his current address of record and on 3 || counsel for Defendant. 5 IT IS SO ORDERED. 7\| DATED: October 10, 2024 8 SUNSHINE S! SYKES United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28