Smith v. Allison et al

Filing 47

ORDER Adopting FINDINGS AND RECOMMENDATIONS (Doc. 42 ), signed by District Judge Lawrence J. O'Neill on 1/7/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,
Plaintiff,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.

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Case No. 1:10-cv-01814-LJO-JLT (PC)

ALLISON, et al.,

(Doc. 42)
Defendants.

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_____________________________________/

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

18 636(b)(1)(B) and Local Rule 302. On November 18, 2013, the Magistrate Judge filed a Findings
19 and Recommendations which was served on the parties and which contained notice to the parties
20 that Objections to the Findings and Recommendations were to be filed within ten days. Plaintiff
21 filed objections on December 23, 2013. Local Rule 304(b), (d).
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a

23 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings
24 and 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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adopted in full; and

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the Findings and Recommendations, filed on November 18, 2013 (Doc. 42), are

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this action is to proceed on Plaintiff’s First Amendment claim of retaliation against

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Defendants Lt. Goss, Lt. Gallagher, and Officer Langler; Plaintiff’s Eighth

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Amendment claim for deliberate indifference to his serious medical condition

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against PA Byers and Lt. Gallagher; and Plaintiff's due process claim against Lt.

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Goss; and

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3.

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the remaining claims and Defendants Sgt. Anderson and Doe are dismissed
with prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

January 7, 2014

UNITED STATES DISTRICT JUDGE
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