Butler v. Onyejie et al

Filing 25

ORDER ADOPTING 21 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DISMISSING Claims Against Defendant T. Byers, LVN Le May and Doe Defendant LVN, signed by Chief Judge Anthony W. Ishii on 2/4/2012. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 PERRY C. BUTLER, 10 11 12 CASE NO. 1:11-CV-00723-AWI-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (DOC. 21) v. ORDER DISMISSING CLAIMS AGAINST DEFENDANT T. BYERS, LVN LE MAY, INSURANCE CARRIER JOHN DOE, and DOE DEFENDANT LVN O. ONYEJIE, et al., 13 Defendants. 14 / 15 16 Plaintiff Perry C. Butler (“Plaintiff”) is proceeding pro se in this civil rights action pursuant 17 to 42 U.S.C. § 1983. On May 24, 2011, Plaintiff filed a first amended complaint. Doc. 16.The 18 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 19 Local Rule 302. 20 On December 13, 2011, the Magistrate Judge filed a Findings and Recommendations which 21 was served on Plaintiff and which contained notice to Plaintiff that any objection to the Findings and 22 Recommendations was to be filed within twenty-one days. Doc. 21. Plaintiff did not file an 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 Accordingly, IT IS HEREBY ORDERED that: 28 1. The Findings and Recommendations, filed December 13, 2011, is adopted in full; 1 1 2. This action proceeds on Plaintiff’s first amended complaint against Defendants O. 2 Onyeje and ENT Jon Doe for deliberate indifference to a serious medical need in 3 violation of the Eighth Amendment; 4 3. Plaintiff’s claims against Defendants T. Byers, LVN Le May, Insurance Carrier John 5 Doe, and Doe Defendant LVN are dismissed with prejudice for failure to state a 6 claim; and 7 4. 8 9 10 11 Defendants T. Byers, LVN Le May, Insurance Carrier John Doe, and Doe Defendant LVN are dismissed from this action. IT IS SO ORDERED. Dated: 0m8i78 February 4, 2012 CHIEF UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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