Moran v. Dutra et al

Filing 27

ORDER VACATING Order Adopting Findings and Recommendations, Re-Adopting Findings and Recommendations and Dismissing Certain Claims and Defendants 12 , 13 & 15 , signed by District Judge Lawrence J. O'Neill on 2/27/13. (Hellings, J)

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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,

(ECF Nos. 12, 13, & 15)

v.

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ORDER VACATING ORDER ADOPTING
FINDINGS AND RECOMMENDATIONS,
RE-ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS

Defendants.

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K. DUTRA, et al.,

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1:11-cv-914-LJO-MJS (PC)

_______________________________/

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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.) The Court

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adopted the Findings and Recommendations before the time for objections had run. (ECF No. 13.)

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Plaintiff filed objections on October 18, 2012. (ECF No. 15.)

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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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1.

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The Court’s October 10, 2012 order adopting the Findings and Recommendations,
filed September 21, 2012 (ECF No. 13) is VACATED;

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2.

The Findings and Recommendations, filed September 21, 2012, are adopted in full;

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3.

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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4.

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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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5.

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

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6.

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

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IT IS SO ORDERED.

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Dated:

February 27, 2013

/s/ Lawrence J. O'Neill
B9ed48
UNITED STATES DISTRICT JUDGE

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