Ronnie L Morgan Jr v. B Halbeisen et al

Filing 18

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Percy Anderson for Report and Recommendation (Issued), 16 . IT IS ORDERED that: (1) the claim alleged against defendant Halbeisen is dismissed wit hout leave to amend; (2) the Second Amended Complaint consists of a First Amendment retaliation claim alleged against defendant Flores and an Eighth Amendment claim for deliberate indifference to plaintiffs serious medical needs against defendant Dhaliwal; and (3) the Second Amended Complaint is deemed to be so amended. The Magistrate Judge shall issue an appropriate Order regarding further proceedings. (mz)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 RONNIE LEE MORGAN, JR., ) ) Plaintiff, ) ) v. ) ) B. HALBEISEN, et al., ) ) Defendants. ) ___________________________________) NO. CV 12-3594-PA (MAN) ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second 19 Amended Complaint, all of the records herein, and the Report and 20 Recommendation of United States Magistrate Judge. 21 Objections has passed, and no Objections have been filed with the Court. 22 The Court accepts the findings and recommendations set forth in the 23 Report and Recommendation. The time for filing 24 25 IT IS ORDERED that: (1) the claim alleged against defendant 26 Halbeisen is dismissed without leave to amend; (2) the Second Amended 27 Complaint consists of a First Amendment retaliation claim alleged 28 against defendant Flores and an Eighth Amendment claim for deliberate 1 indifference to plaintiff’s serious medical needs against defendant 2 Dhaliwal; and (3) the Second Amended Complaint is deemed to be so 3 amended. 4 regarding further proceedings. The Magistrate Judge shall issue an appropriate Order 5 6 7 IT IS FURTHER ORDERED that the Clerk serve copies of this Order on plaintiff. 8 9 DATED: April 18, 2013 10 11 PERCY ANDERSON UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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