Evans v. Tilton et al

Filing 15

ORDER ADOPTING FINDINGS and RECOMMENDATIONS 10 signed by District Judge Lawrence J. O'Neill on 1/7/2009, DISMISSING Certain Claims and DISMISSING Defendants Patel, James E. Tilton, N. Grannis and M.D. Smith. (Jessen, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 vs. 14 S. ZAMORA, et al., 15 Defendants. 16 17 Plaintiff Johnny Earl Evans ("plaintiff") is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 20 On October 23, 2008, the Magistrate Judge filed a Findings and Recommendations herein which 21 was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and 22 Recommendations was to be filed within thirty days. Plaintiff did not file a timely Objection to the 23 Findings and Recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de 25 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 26 Recommendations to be supported by the record and by proper analysis. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1 / [Doc. 10] JOHNNY EARL EVANS, Plaintiff, CASE NO. 1:07-CV-01814 LJO DLB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING CERTAIN CLAIMS AND CERTAIN DEFENDANTS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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1. 2.

The Findings and Recommendations, filed October 23, 2008, is adopted in full; This action proceed only against defendants Zamora and John Doe Chief Medical Officer on plaintiff's Eighth Amendment claims;

3.

Plaintiff's claims based on the violation of the California Penal Code be dismissed for failure to state any claims upon which relief may be granted; and

4.

Defendants Smith, Patel, Grannis and Tilton be dismissed from this action for failure to state any claims upon which relief may be granted.

IT IS SO ORDERED. Dated: b9ed48 January 7, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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