Green v. Chakotos et al

Filing 44

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS Recommending Defendants' Motion to Dismiss Be GRANTED IN PART and DENIED IN PART 32 , 41 , signed by District Judge Lawrence J. O'Neill on 8/11/14. (Hellings, J)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

IRA GREEN
Plaintiff,

11
12

Case No. 1:11-cv-01611-LJO-DLB PC

v.

13

JOHN CHAKOTOS,,

14

Defendant.
_____________________________________/

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
DEFENDANTS’ MOTION TO DISMISS BE
GRANTED IN PART AND DENIED IN
PART
(ECF Nos. 32 & 41)

15
Plaintiff Ira Green, a state prisoner proceeding pro se and in forma pauperis, filed this civil
16
17

rights action pursuant to 42 U.S.C. § 1983 on September 22, 2011. This action is proceeding on

18 Plaintiff’s Second Amended Complaint, filed on May 3, 2013, for claims against Defendant John
19 Chakotos for 1) deliberate indifference in violation of the Eighth Amendment; and 2) state law
20 negligence. (ECF Nos. 25 & 28.)
21
22

Pending before the Court is Defendant’s Motion to Dismiss. On July 18, 2014, the Court
issued a findings and recommendations recommending granting Defendant’s motion in part and

23
24
25
26

denying in part. (ECF No. 41.) Defendant filed objections on July 25, 2014 and Plaintiff filed
objections on August 1, 2014. (ECF Nos. 42 & 43.)
Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this

27 case. Having carefully reviewed the entire file, the Court finds the findings and recommendations
28 to be supported by the record and by proper analysis.

1

Accordingly, it is HEREBY ORDERED that the Court adopts the findings and

2 recommendations, filed on July 18, 2014, in full.
3 IT IS SO ORDERED.
4
5

Dated:

/s/ Lawrence J. O’Neill

August 11, 2014

UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2