Hood v. Mims et al

Filing 45

ORDER Adopting 43 Findings and Recommendations; ORDER Granting in Part and Denying in Part Defendants' 34 Motion to Dismiss; ORDER Directing Defendant Chuna to File an Answer, signed by District Judge Lawrence J. O'Neill on 2/24/16. Zavala (C/O), Taylor (Sgt.) and Wibbles (Corporal) terminated. Answer Due Within Thirty Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERT LEE HOOD,

Case No. 1:13-cv-00108-LJO-BAM-PC

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Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 43)

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v.
C/O CHUNA, et al.,

ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS’
MOTION TO DISMISS

Defendants.

ORDER DIRECTING DEFENDANT
CHUNA TO FILE AN ANSWER

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis pursuant to 42 U.S.C.

20 § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §
21 636(1)(B) and Local Rule 302.
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On January 14, 2016, findings and recommendations were entered, recommending that

23 Defendants’ motion to dismiss be granted in part and denied in part. Plaintiff was provided an
24 opportunity to file objections within thirty days. On February 5, 2016, Plaintiff filed objections
25 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 305, this

27 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
28 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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12(b)(6) is granted in part;

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2.

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This action proceeds against Defendant Chuna on Plaintiff’s claim of deliberate
indifference to his serious medical needs; and

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Plaintiff’s Fifth and Ninth Amendment claims and Plaintiff’s claim of being
thrown to the ground are dismissed;

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Defendants Zavala, Wibbles, and Taylor are dismissed from this action for
Plaintiff’s failure to state a claim against them;

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Defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure

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Defendant Chuna is directed to file a response to the first amended complaint
within thirty days of the date of service of this order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

February 24, 2016

UNITED STATES DISTRICT JUDGE
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