Manning v. Zamora et al
Filing
47
ORDER ADOPTING 46 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER DENYING 31 Defendant Kelly's Motion to Dismiss; and ORDER DIRECTING Defendant Kelly to File an Answer to Complaint Within Thirty (30) Days signed by District Judge Lawrence J. O'Neill on 9/29/2015. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LEROY MANNING,
Plaintiff,
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Case No. 1:12-cv-01621 LJO-SAB-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 46)
v.
L ZAMORA, et al.,
ORDER DISMISSING DEFENDANT CDCR
Defendants.
ORDER FOR ACTION TO PROCEED
AGAINST DEFENDANT KELLY
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis pursuant to 42 U.S.C.
§ 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §
636(1)(B) and Local Rule 302.
On August 24, 2015, findings and recommendations were entered, recommending that
Defendant Kelly’s motion to dismiss be denied. The Magistrate Judge further recommended that
Defendants Zamora, McElroy, Chapnick, Boparia and Plaintiff’s Americans With Disabilities
Act (ADA) and conspiracy claims be dismissed. The parties were provided an opportunity to file
objections within thirty days. No objections the findings and recommendations have been filed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this
Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
Court finds the record to be supported by the record and proper analysis.
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Accordingly, THE COURT HEREBY ORDERS that:
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The findings and recommendations issued by the Magistrate Judge on August 24,
3 2015, are adopted in full;
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Defendant Kelly’s motion to dismiss pursuant to Federal Rule of Civil Procedure
5 12(b)(6) is denied;
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This action proceeds against Defendant Kelly on Plaintiff’s claim of deliberate
indifference to serous medical needs in violation of the Eighth Amendment.
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Defendants L. Zamora, D. McElroy, R. Chapnick and M. Boparai are dismissed;
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Plaintiff’s Americans With Disabilities Act and conspiracy claims are dismissed.
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Defendant Kelly shall, within thirty days of the date of service of this order, file
an answer to the complaint.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
September 29, 2015
UNITED STATES DISTRICT JUDGE
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