Hernandez v. Smith et al

Filing 25

ORDER ADOPTING FINDINGS and RECOMMENDATIONS Recommending Dismissing Certain Claims and Defendants, signed by District Judge Anthony W. Ishii on 6/19/13. Defendants T. Smith and Moody are Dismissed from this Action. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAUL HERNANDEZ,

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Case No. 1:09-cv-00828-AWI-SAB

Plaintiff,

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v.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
DISMISSING CERTAIN CLAIMS AND
DEFENDANTS

T. SMITH, et al.,
(ECF No. 24)

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Defendants.

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Plaintiff Raul Hernandez is a state prisoner appearing pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
Currently before the Court is Plaintiff's third amended complaint, filed November 26,

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2012.

(ECF No. 22.)

On April 22, 2013, the Magistrate Judge issued a findings and

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recommendations recommending dismissing certain claims and defendants.

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Plaintiff did not file any objections to the findings and recommendations. Pursuant to 28 U.S.C.

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§ 636(b)(1)(C), the Court has conducted a de novo review of this case.

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reviewed the entire file, the Court finds the findings and recommendations to be supported by the

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record and by proper analysis.

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///

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///
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(ECF No. 24.)

Having carefully

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Accordingly, it is HEREBY ORDDERED that:

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This action shall proceed on Plaintiff’s third amended complaint, filed November

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26, 2012, against Defendants R. D. Smith and Kirk for deliberate indifference to

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Plaintiff's dental needs;

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2.

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Plaintiff's Eighth Amendment claim against Defendant Kirk for failure to treat his
tooth is dismissed, with prejudice, for failure to state a claim;

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3.

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Plaintiff's Eight Amendment claims against Defendants T. Smith and Moody is
dismissed, with prejudice, for failure to state a claim;

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4.

Defendants T. Smith and Moody are dismissed from this action; and

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This matter is referred back to the Magistrate Judge to initiate service of process

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proceedings.

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IT IS SO ORDERED.
Dated: June 19, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:

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0m8i788

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