K. Mwasi v. David J. Montoya et al

Filing 33

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge David O. Carter: IT IS ORDERED that the following claims are dismissed with prejudice: (1) plaintiff's claim that Does 1-10 and defendants Finander, Swaby, Belavich, Frances, and Walker viola ted the Eighth Amendment by being deliberately indifferent to his serious medical needs; (2) plaintiff's claims based on the Plata v. Brown decree(s); and (3) plaintiff's claim defendants Finander, Swaby, Belavich, Frances, and Walker violated his due process rights by wrongfully denying his medical grievances. (jm)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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KING MWASI,

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v.

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Plaintiff,

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DAVID J. MONTOYA, et al.,

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Defendant.

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No. CV 15-4152 DOC (FFM)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF
UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire record in this

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action, the attached Report and Recommendation of United States Magistrate Judge

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(“Report”), and the objections thereto. Good cause appearing, the Court concurs with

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and accepts the findings of fact, conclusions of law, and recommendations contained in

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the Report after having made a de novo determination of the portions to which

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objections were directed.

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IT IS ORDERED that the following claims are dismissed with prejudice:

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(1) plaintiff’s claim that Does 1-10 and defendants Finander, Swaby, Belavich,

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Frances, and Walker violated the Eighth Amendment by being deliberately indifferent to

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his serious medical needs;
(2) plaintiff’s claims based on the Plata v. Brown decree(s); and

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(3) plaintiff’s claim defendants Finander, Swaby, Belavich, Frances, and Walker
violated his due process rights by wrongfully denying his medical grievances.

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DATED: May 24, 2017
DAVID O. CARTER
United States District Judge