Dixon v. Triesch et al

Filing 18

ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS and Dismissing Certain Claims and Defendants signed by District Judge Lawrence J. O'Neill on 05/29/2013. Matthew Cate and Kelly Harington 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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TRADELL M. DIXON,

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Plaintiff,

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vs.
C. TRIESCH, et al.,

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Defendants.

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1:12cv01449 LJO DLB PC
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS AND
DISMISSING CERTAIN CLAIMSAND
DEFENDANTS
(Document 15)

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Plaintiff Tradell M. Dixon (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was

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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local

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Rule 302.
On April 10, 2013, the Magistrate Judge issued Findings and Recommendations
regarding dismissal of certain claims and certain Defendants. The Findings and

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Recommendations were served on Plaintiff and contained notice that any objections were to be
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filed within thirty days. Plaintiff has not filed objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted
a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the
Findings and Recommendations are 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 April 10, 2013, are ADOPTED in full;
This action shall proceed against Defendant Triesch for violation of the Eighth

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Amendment based on deliberate indifference to a serious medical need; and

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3.

Plaintiff states no further cognizable claims and therefore Defendants Doe CMO,

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Harrington and Cate are DISMISSED from this action.

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IT IS SO ORDERED.

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Dated:

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/s/ Lawrence J. O’Neill

May 29, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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b9ed48bb

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