Smith v. Pina et al

Filing 19

ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS and Dismissing Certain Claims and Defendants signed by District Judge Lawrence J. O'Neill on 06/0/32012. Sumaya, Estrada and Munoz terminated from Action. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT LEWIS SMITH,

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Plaintiff,

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v.
S. PINA, et al.,

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1:11-cv-1651-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS
(ECF No. 18)

Defendants.

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_______________________________/

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Plaintiff Robert Lewis Smith (“Plaintiff”) is a prisoner proceeding pro se and in forma

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

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

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On May 24, 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. 18.) Plaintiff

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has not filed any 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 May 24, 2012, are adopted in full;

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2.

Plaintiff be allowed to proceed on his failure to protect claim against Defendant

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Pina;

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3.

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Plaintiff’s claims against Defendants Munoz, Sumaya, and Estrada be dismissed
with prejudice; and

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4.

Defendants Munoz, Sumaya, and Estrada be dismissed from this action.

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IT IS SO ORDERED.

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Dated:
66h44d

July 3, 2012

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

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