Le v. Chokatos et al

Filing 13

ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS and Dismissing Certain Claims and Defendants signed by District Judge Anthony W. Ishii on 01/07/2013. Anthony S. Lonigro (CEO HCS), R. H. Brazelton (Warden) and Matthew Cates (Secretary, CDCR) 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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LOC PHAT LE,

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CASE NO. 1:12-cv-00460-AWI-DLB PC
Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS AND DEFENDANTS

v.
JOHN CHOKATOS, et al.,

ECF No. 11

Defendants.

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Plaintiff Loc Phat Le (“Plaintiff”) is a California state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. On March 27, 2012, Plaintiff filed his complaint. ECF

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No. 1. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302.

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On November 7, 2012, the Magistrate Judge filed a Findings and Recommendations which

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was served on Plaintiff and which contained notice to Plaintiff that any objection to the Findings and

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Recommendations was to be filed within fourteen days. ECF No. 11. Plaintiff did not file a timely

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Objection to the Findings and Recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed November 7, 2012, is adopted in full;

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2.

This action proceeds against Defendant Chokatos for deliberate indifference to a

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serious medical need in violation of the Eighth Amendment;
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All other claims are dismissed with prejudice for failure to state a claim upon which
relief may be granted; and

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Defendants Lonigro, Brazelton, and Cate are dismissed from this action.

IT IS SO ORDERED.
Dated:
0m8i78

January 7, 2013
UNITED STATES DISTRICT JUDGE

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