Moran v. Dutra et al

Filing 13

ORDER ADOPTING 12 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants signed by District Judge Lawrence J. O'Neill on 10/10/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICHOLAS MORAN,

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Plaintiff,

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v.

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K. DUTRA, et al.,

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1:11-cv-914-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
(ECF No. 12)

Defendants.
_______________________________/

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Plaintiff Nicholas Moran (“Plaintiff”) is a prisoner proceeding pro se in a civil rights action

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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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

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On September 21, 2012, the Magistrate Judge filed a Findings and Recommendations,

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recommending dismissal of certain of Plaintiff’s claims and Defendants. (ECF No. 12.) Plaintiff

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has failed to file objections.

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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 Recommendations, filed September 21, 2012, are adopted in full;

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Plaintiff be allowed to proceed on his Eighth Amendment inadequate medical care

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claim against Defendants Ryan and Dedee;

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3.

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Plaintiff be allowed to proceed on his Eighth Amendment excessive force claim
against Defendants Dutra and Auten;

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4.

Plaintiff’s claims against Defendants John Does # 1-20 be dismissed; and

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5.

Defendants John Does #1-20 be dismissed from this action.

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IT IS SO ORDERED.
Dated:
b9ed48

October 10, 2012

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

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