Robert Johnson v. Raman Patel et al

Filing 60

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge R. Gary Klausner for Report and Recommendation (Final) 58 , MOTION for Summary Judgment as to Based on Plaintiff's Failure to Exhaust Administrative Remedies 21 , MOTION to Dismiss fo r Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12B6) 42 , MOTION to Dismiss the First Amended Complaint 19 . IT IS THEREFORE ORDERED that: (1) defendants D. Drayton, Lawson, and J. Garcias Motion for Summary Judgment be denied; (2) defendants D. Drayton, Lawson, J. Garcia, and Rushs Motion to Dismiss be granted in part and denied in part; and (3) defendant Dr. Raman Patels Motion to Dismiss be denied. (mrgo)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 ROBERT JOHNSON, 11 Plaintiff, 12 13 v. RAMAN PATEL, et al., 14 15 Defendants. ___________________________ 16 17 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 14-1598-RGK (KK) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended 18 Complaint, the relevant records on file, and both the original and Final Report and 19 Recommendation of the United States Magistrate Judge. The Court has engaged in 20 de novo review of those portions of the original Report and Recommendation to 21 which defendants D. Drayton, Lawson, J. Garcia, and Rush have objected. The 22 Court accepts the findings and recommendation of the Magistrate Judge. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 IT IS THEREFORE ORDERED that: (1) defendants D. Drayton, Lawson, and 2 J. Garcia’s Motion for Summary Judgment be denied; (2) defendants D. Drayton, 3 Lawson, J. Garcia, and Rush’s Motion to Dismiss be granted in part and denied in 4 part; and (3) defendant Dr. Raman Patel’s Motion to Dismiss be denied. 5 6 DATED: June 18, 2015 7 ____________________________________ HONORABLE R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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