Christopher Du Pree v. Jennie Woodford et al

Filing 202

ORDER ACCEPTING AND ADOPTING (1) THIRD REPORT AND RECOMMENDATION AND (2) SUPPLEMENTAL REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Audrey B. Collins for Report and Recommendation (Issued) 186 : The Court has reviewed the file in this matter, and has read and reviewed the Third Report and Recommendation and Supplemental Report and Recommendation of United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which P laintiff has objected. Therefore, the Court: 1. accepts the findings and recommendations in the Third Report And Recommendation and the Supplemental Report And Recommendation; 2. grants in part and denies in part Defendants Motion for Summary Judgmen t, as discussed in the Third Report; 3. dismisses with prejudice all Defendants except Fortaleza, Trinidad and Brisner; 4. dismisses all portions of the action with prejudice except the claims of deliberate medical indifference against Fortaleza, Trinidad and Brisner; and 5. withdraws the reference of this action to the Magistrate Judge. (bm)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CHRISTOPHER DUPREE, Plaintiff, vs. DEPARTMENT OF CORRECTIONS, ET AL., Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV 04-03484 ABC (RZ) ORDER ACCEPTING AND ADOPTING (1) THIRD REPORT AND RECOMMENDATION AND (2) SUPPLEMENTAL REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

The Court has reviewed the file in this matter, and has read and reviewed the Third Report and Recommendation and Supplemental Report and Recommendation of United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which Plaintiff has objected. Therefore, the Court: 1. accepts the findings and recommendations in the Third Report And 2. 3. Recommendation and the Supplemental Report And Recommendation; grants in part and denies in part Defendants' Motion for Summary Judgment, as discussed in the Third Report; dismisses with prejudice all Defendants except Fortaleza, Trinidad and Brisner;

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4.

dismisses all portions of the action with prejudice except the claims of deliberate medical indifference against Fortaleza, Trinidad and Brisner; and

5.

withdraws the reference of this action to the Magistrate Judge.

DATED: October 31, 2008

AUDREY B. COLLINS UNITED STATES DISTRICT JUDGE

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