Jason Paul Legare v. J Michael Lee et al

Filing 96

ORDER ACCEPTING REPORT AND RECOMMENDATIONS 87 by Judge James V. Selna. Defendants' MOTION for Summary Judgment 80 is granted in part and denied in part. Defendant Yolanda Soto is dismissed from this action. (See document for details). (ib)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JASON PAUL LEGARE, 12 13 Plaintiff, v. 14 15 J. MICHAEL LEE, et al., Case No. ED CV 15-00833 JVS (AFM) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Defendants. 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Report and 19 Recommendation of United States Magistrate Judge. 20 engaged in a de novo review of those portions of the Report to which objections 21 have been made. Defendants’ objections are overruled. The Court accepts the 22 findings and recommendations of the Magistrate Judge. 23 IT THEREFORE IS ORDERED that 24 (1) Further, the Court has and adopted; 25 26 the Report and Recommendation of the Magistrate Judge is accepted (2) defendants’ Motion for Summary Judgment is granted, in part, on 27 plaintiff’s Eighth Amendment claims for defendants’ refusal to change 28 the surgical dressing; 1 (3) defendant’s Motion for Summary Judgment is denied, in part, on 2 plaintiff’s Eighth Amendment claims arising from the delay in having 3 the Penrose drain removed; and 4 (4) defendant Yolanda Soto is dismissed from this action. 5 6 DATED: May 08, 2017 7 8 9 ____________________________________ JAMES V. SELNA UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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