Dixon v. Harrington et al

Filing 18

ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS; ORDER for this Action to Proceed only Against Defendant Aramas for Failure to Protect and Against Defendants Flippo and Triesch for Inadequate Medical Care, and Dismissing all other Claims and Defendants signed by District Judge Dale A. Drozd on 09/17/2016. J. R. Garza and Kell Harrington terminated.(Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 TRADELL M. DIXON, 11 12 13 14 Plaintiff, vs. ELIZABETH S. FLIPPO, et al., Defendants. 15 16 17 1:13-cv-00165-DAD-EPG-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 15.) ORDER FOR THIS ACTION TO PROCEED ONLY AGAINST DEFENDANT ARAMAS FOR FAILURE TO PROTECT AND AGAINST DEFENDANTS FLIPPO AND TRIESCH FOR INADEQUATE MEDICAL CARE, AND DISMISSING ALL OTHER CLAIMS AND DEFENDANTS 18 Plaintiff Tradell M. Dixon is a former state prisoner proceeding pro se in this civil 19 rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds on plaintiff’s first 20 amended complaint (“FAC”) filed on January 14, 2015. (ECF No. 9.) The matter was referred 21 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On July 25, 2016, the court entered findings and recommendations, recommending that 23 this action proceed only against defendant Aramas for failure to protect and against defendants 24 Flippo and Triesch for inadequate medical care, under the Eighth Amendment, and that all 25 other claims and defendants be dismissed from this action based on plaintiff=s failure to state a 26 claim. (ECF No. 15.) Plaintiff was provided an opportunity to file objections to the findings 27 and recommendations within twenty days. 28 otherwise responded to the findings and recommendations. To date, plaintiff has not filed objections or 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 the court finds the findings and recommendations to be supported by the record and proper 4 analysis. 5 Accordingly, THE COURT HEREBY ORDERS that: 6 1. 7 The findings and recommendations issued by the magistrate judge on July 25, 2016, Doc. No. 15, are ADOPTED in full; 8 2. 9 This action now proceeds on plaintiff’s FAC, filed on January 14, 2015, Doc. No. 9, against defendant Aramas for failure to protect and against defendants 10 Flippo and Triesch for inadequate medical care, under the Eighth Amendment; 11 3. All remaining claims and defendants are dismissed from this action; 12 4. Plaintiff’s claims for (1) unconstitutional informal customs, practices and/or 13 policy, and (2) inadequate staffing are dismissed from this action based on 14 plaintiff’s failure to state a claim; and 15 5. 16 Defendant Kelly Harrington is dismissed from this action based on plaintiff’s failure to state a claim against this defendant; 17 6. 18 The clerk is directed to reflect the dismissal of defendant Harrington on the court’s docket; and 19 7. This case is referred back to the magistrate judge for further proceedings. 20 21 22 IT IS SO ORDERED. Dated: September 17, 2016 UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 2

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