Calloway v. Veal et al

Filing 84

ORDER ADOPTING 78 FINDINGS AND RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 04/19/2013. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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JAMISI JERMAINE CALLOWAY,

NO. 1:08 cv 01896 LJOP GSA PC

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Plaintiff,
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v.
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DR. WANG, et al.,
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Defendants.
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____________________________________)

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 78 )

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Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter was
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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule
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302.
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On February 15, 2013, findings and recommendations were entered, recommending that
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Defendants’ motion for summary judgment be denied in part and granted in part. Plaintiff
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requested and was granted an extension of time in which to file objections. On April 18, 2013,
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Plaintiff filed a request to withdraw his motion for extension of time. No objections to the
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findings and recommendations have been filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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court finds the findings and recommendations to be supported by the record and proper analysis.
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Accordingly, THE COURT HEREBY ORDERS that:

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1. The Findings and Recommendations issued by the Magistrate Judge on February 15,

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2013, are adopted in full;

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2. Defendants’ motion for summary judgment is granted on Plaintiff’s claim of deliberate
indifference to his serious medical needs;

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3. Judgment is entered in favor of Dr. Wang and against Plaintiff;

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4. This action proceeds against Defendants Oaks and Hayward on Plaintiff’s claim of

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excessive force.

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IT IS SO ORDERED.

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Dated:

April 19, 2013

/s/ Lawrence J. O'Neill
B9ed48
UNITED STATES DISTRICT JUDGE

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