Butler v. Onyejie et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
PERRY C. BUTLER,
CASE NO. 1:11-CV-00723-AWI-DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS (DOC. 21)
ORDER DISMISSING CLAIMS AGAINST
DEFENDANT T. BYERS, LVN LE MAY,
INSURANCE CARRIER JOHN DOE, and
DOE DEFENDANT LVN
O. ONYEJIE, et al.,
Plaintiff Perry C. Butler (“Plaintiff”) is proceeding pro se in this civil rights action pursuant
to 42 U.S.C. § 1983. On May 24, 2011, Plaintiff filed a first amended complaint. Doc. 16.The
matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and
Local Rule 302.
On December 13, 2011, the Magistrate Judge filed a Findings and Recommendations which
was served on Plaintiff and which contained notice to Plaintiff that any objection to the Findings and
Recommendations was to be filed within twenty-one days. Doc. 21. Plaintiff did not file an
Objection to the Findings and Recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de
novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and
Recommendations to be supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
The Findings and Recommendations, filed December 13, 2011, is adopted in full;
This action proceeds on Plaintiff’s first amended complaint against Defendants O.
Onyeje and ENT Jon Doe for deliberate indifference to a serious medical need in
violation of the Eighth Amendment;
Plaintiff’s claims against Defendants T. Byers, LVN Le May, Insurance Carrier John
Doe, and Doe Defendant LVN are dismissed with prejudice for failure to state a
Defendants T. Byers, LVN Le May, Insurance Carrier John Doe, and Doe Defendant
LVN are dismissed from this action.
IT IS SO ORDERED.
February 4, 2012
CHIEF UNITED STATES DISTRICT JUDGE
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