Ciufo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MITCHELL THEOPHILUS No. 1:17-cv-00533-DAD-GSA (PC)

GARRAWAY,

12 Plaintiff, ORDER DECLINING TO ADOPT FINDINGS v. AND RECOMMENDATIONS AND DENYING DEFENDANTS’ MOTION FOR JACQUILINE CUIFO, et al., JUDGMENT ON THE PLEADINGS 15 Defendants. (Doc. Nos. 42, 84)

17 Plaintiff Mitchell Garraway is a federal prisoner proceeding pro se and in forma pauperis with this civil rights action brought pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971), and the Eighth Amendment. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 5, 2019, the assigned magistrate judge issued findings and recommendations, recommending that the motion for judgment on the pleadings brought by defendants Ciufo, Miller, and Zaragoza be granted. (Doc. Nos. 42, 84.) The findings and recommendation were served on both parties and…