Siordia v. Cate, et al.

Filing 12

ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants, signed by District Judge Lawrence J. O'Neill on 12/20/2011. Defendant Felix Igbinosa terminated. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT SIORDIA,

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Plaintiff,

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1:11-cv-0742-LJO-MJS (PC)

v.
MATHEW CATE,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATION FOR DISMISSAL OF
CERTAIN CLAIMS AND DEFENDANTS
(ECF No. 11)

Defendant.

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_______________________________/

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Plaintiff Robert Siordia (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis

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in a civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On November 3, 2011, the Magistrate Judge filed Findings and Recommendations,

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recommending that certain of Plaintiff’s claims and defendants be dismissed. (ECF No. 11.)

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Plaintiff previously notified the Court that he was willing to proceed on his cognizable Eighth

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Amendment claims, and accordingly his claims against Defendants Igbinosa and Does one through

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five should now be dismissed. (ECF No. 10.) Plaintiff has failed to file objections to the Findings

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and Recommendation.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the Findings and Recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendation, filed November 3, 2011, are adopted in full;

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2.

Plaintiff is permitted to proceed on his Eighth Amendment claim that Defendants

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Cate and Yates were deliberately indifferent to Plaintiff’s serious medical needs;

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3.

Defendants Igbinosa and Does one through five be dismissed from this action; and

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4.

All of Plaintiff’s remaining claims be dismissed.

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IT IS SO ORDERED.
Dated:
b9ed48

December 20, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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