Anaya v. Herrington et al

Filing 83

ORDER Adopting 81 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants signed by Chief Judge Anthony W. Ishii on 10/31/2012. (Sant Agata, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
RICHARD ERNEST ANAYA,

CASE NO. 1:09-cv-1653-AWI-DLB PC

10
Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS

11
v.
12
HERRINGTOn, et al.,

ECF No. 81

13
Defendants.
14
/
15
16
Plaintiff Richard Ernest Anaya (“Plaintiff”) is a California state prisoner proceeding pro se
17
in this civil rights action pursuant to 42 U.S.C. § 1983. On May 10, 2012, Plaintiff filed his fifth
18
amended complaint. ECF No. 77. The matter was referred to a United States Magistrate Judge
19
pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
20
On September 11, 2012, the Magistrate Judge filed a Findings and Recommendations which
21
was served on the parties and which contained notice to the parties that any objection to the Findings
22
and Recommendations was to be filed within fourteen days. ECF No. 81. No party filed a timely
23
Objection to the Findings and Recommendations.
24
In accordance with the provisions of 28 U.S.C. § 636(b)(1), 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
28
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

The Findings and Recommendations, filed September 11, 2012, is adopted in full;

3

2.

This action proceeds against Defendants Chen and Lopez for denial of pain

4

medication, denial of treatment for his lower back, and denial of grab bars for his

5

toilet in violation of the Eighth Amendment, an Eighth Amendment claim against

6

Defendants Chen, Lopez, and Dileo for denial of knee surgery, ADA claim against

7

Defendants Chen and Lopez, and state law claim for medical malpractice;

8

3.

9

with prejudice for failure to state a claim and those Defendants are dismissed from

10
11
12
13
14

Plaintiff’s claims against Defendants Keldgore, White, and Harrington are dismissed

this action; and
4.

Defendants Keldgore, White, and Herrington are dismissed from this action.

IT IS SO ORDERED.
Dated:
0m8i78

October 31, 2012
CHIEF UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2