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 ADOPTING FINDINGS AND v. RECOMMENDATIONS AND DENYING DEFENDANT MILLER’S MOTION FOR JACQUILINE CUIFO, et al., SUMMARY JUDGMENT 15 Defendants. (Doc. Nos. 41, 96.)

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 alleging a violation of his rights under 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 March 4, 2020, the assigned magistrate judge issued findings and recommendations, recommending that defendant Miller’s motion for summary judgment be denied. (Doc. Nos. 41, 96.) The findings and recommendation were served on both parties and contained notice that…