Wade

ORDER ADOPTING REPORT AND RECOMMENDATION GRANTING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS AND GRANTING DEFENDANTS’ MOTION TO DISMISS COMPLAINT [Doc. No. 36(l)-(2) ]

Plaintiff Ernesto Wade (“Wade” or “Plaintiff’) is a state prisoner at the California State Prison in Los Angeles. Acting pro se, Wade has filed a Complaint under 42 U.S.C. § 1983 , claiming prison officials violated his Eighth Amendment rights. Defendants move to dismiss and/or for judgment on the pleadings. Under 28 U.S.C. § 636 (b)(1), the Honorable Magistrate Judge Barbara Lynn Major issued a thorough and thoughtful Report and Recommendation (“Report”), recommending Defendants’ Motions be granted.

First, Judge Major found Wade’s civil rights claims are time barred and that the facts and circumstances of his case do not support equitable or statutory tolling. Accordingly, Judge Major recommended Defendants’ Motion for Judgment on the Pleadings be granted. On Defendants’ motion to dismiss, Judge Major found that Wade’s “significant delay in taking any action to prosecute his civil rights claims, as well as Plaintiffs failure either to address or oppose Defendants’ motions without explanation or excuse…