Davis v. Kelso et al

Filing 74

ORDER ADOPTING 73 Findings and Recommendation, DISMISSING Certain Claims and Defendants From the Action For Failure to State a Claim and Referring Matter Back to Magistrate Judge for Initiation of Service of Process, signed by District Judge Lawrence J. O'Neill on 11/13/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES T. DAVIS,

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Plaintiff,

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v.
CLARK J. KELSO, et al.,

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Defendants.

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Case No.: 1:10-cv-01184-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DISMISSING CERTAIN
CLAIMS AND DEFENDANTS FROM THE
ACTION FOR FAILURE TO STATE A CLAIM
AND REFERRING MATTER BACK TO
MAGISTRATE JUDGE FOR INITIATION OF
SERVICE OF PROCESS
[ECF No. 73]

Plaintiff Charles T. Davis is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On October 3, 2014, the Magistrate Judge issued a Findings and Recommendation finding

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certain claims cognizable and certain claims not cognizable. (ECF No. 73.) The Findings and

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Recommendation was served on Plaintiff and contained notice that objections were to be filed in thirty

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days. No objections were filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendation, filed on October 3, 2014, is adopted in full;

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This action shall proceed against Defendants Cate and Yates for deliberate indifference

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to conditions of confinement by allowing by allowing Plaintiff to be transferred and

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housed at PVSP where he contracted Valley Fever;

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3.

to state a cognizable claim for relief; and

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Defendants Kelso and Igbinosa and Plaintiff’s state law claim be dismissed for failure

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This matter is referred back to the Magistrate Judge for initiation of service of process.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

November 13, 2014

UNITED STATES DISTRICT JUDGE

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