Sullivan v. Biter et.al.
Filing
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ORDER adopting 110 FINDINGS AND RECOMMENDATIONS and denying 101 Motion to Dismiss as a Sanction signed by District Judge Anthony W. Ishii on 2/6/2018. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL J. SULLIVAN,
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Plaintiff,
v.
Case No. 1:12-cv-1662-AWI-EPG
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF Nos. 101, 110)
CHEN, et al.,
Defendants.
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Plaintiff, Michael J. Sullivan (“Plaintiff”), is a state prisoner proceeding pro se and in
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forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now
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proceeds with Plaintiff’s Second Amended Complaint filed on February 13, 2015, on Plaintiff’s
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Eighth Amendment claims for deliberate indifference to serious medical needs against
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Defendants Chen, Patel, and Marchiano.1 (ECF No. 57.) 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 December 12, 2017, Magistrate Judge Erica P. Grosjean entered findings and
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recommendations recommending that Defendants’ Motion to Dismiss as a Sanction, (ECF
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101), be denied. (ECF No. 110). The parties were provided an opportunity to file objections to
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the findings and recommendations within fourteen days. The fourteen-day period has expired
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and the parties have not filed any objections to the findings and recommendations.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this
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Court has conducted a de novo review of this case. Having carefully reviewed the entire file,
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Defendant Marchiano has not been located for service, and has not yet appeared in this case.
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the Court finds the findings and recommendations to be supported by the record and proper
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analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations issued by Magistrate Judge Erica P. Grosjean on
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December 12, 2017 (ECF No. 110) are ADOPTED IN FULL;
2. Defendants’ Motion to Dismiss as a Sanction (ECF No. 101) is DENIED.
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IT IS SO ORDERED.
Dated: February 6, 2018
SENIOR DISTRICT JUDGE
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