Linus Ekene v. B M Cash et al

Filing 26

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Dean D. Pregerson for Report and Recommendation (Issued) 24 , Notice of Report and Recommendation 25 . IT THEREFORE IS ORDERED that defendants Motion to Dismiss plaintiffs Eighth Amendment clai m relating the deprivation of a shower and yard access for three months is denied; that defendants Motion to Dismiss plaintiffs Eighth Amendment claim relating to the denial of medical care for failure to exhaust administrative remedies is granted without leave to amend; and that defendant is ordered to serve and file an Answer addressing the merits of the Complaint within 30 days of the date of this Order. (am)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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LINUS EKENE,

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Plaintiff,

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vs.
B. M. CASH, Warden, et al.,
Defendants.

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Case No. CV11-9318-DDP (DTB)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, all the

19 records and files herein, and the Report and Recommendation of the United States
20 Magistrate Judge. No objections to the Report and Recommendation have been filed
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The Court concurs with and accepts the findings, conclusions and

22 recommendations of the Magistrate Judge.
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IT THEREFORE IS ORDERED that defendant’s Motion to Dismiss plaintiff’s

2 Eighth Amendment claim relating the deprivation of a shower and yard access for
3 three months is denied; that defendant’s Motion to Dismiss plaintiff’s Eighth
4 Amendment claim relating to the denial of medical care for failure to exhaust
5 administrative remedies is granted without leave to amend; and that defendant is
6 ordered to serve and file an Answer addressing the merits of the Complaint within 30
7 days of the date of this Order.
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9 Dated: 6/7/2013

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DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE

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