Summers v. Chapnick et.al.

Filing 33

ORDER Adopting 32 FINDINGS AND RECOMMENDATIONS Recommending to Dismiss Certain Claims signed by District Judge Lawrence J. O'Neill on 9/22/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GEORGE EDWARD SUMMERS,

Case No. 1:13-cv-00190 LJO DLB PC

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Plaintiff,
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v.
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ORDER ADOPING FINDINGS AND
RECOMMENDATIONS
RECOMMENDING TO DISMISS
CERTAIN CLAIMS

R. CHAPNICK, et al.,
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ECF No. 32
Defendants.

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Plaintiff George Edward Summers (“Plaintiff”) is a prisoner in the custody of the California
Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se in this civil
action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge
pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
Currently before the Court is Plaintiff's complaint, filed November 13, 2012. (ECF No. 14.)
On August 26, 2014, the Magistrate Judge issued a findings and recommendations recommending
dismissing certain claims. (ECF No. 32.) Plaintiff did not file objections to the findings and
recommendations.
Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this case.
Having carefully reviewed the entire file, the Court finds the findings and recommendations to be
supported by the record and by proper analysis.
Accordingly, it is HEREBY ORDERED that:
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This action proceed on Plaintiff's complaint, filed November 13, 2012, against

Defendants Biol and Siegresit for deliberate indifference to a serious medical need in violation of the
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Eighth Amendment;
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Plaintiff's remaining claims and defendants are dismissed, with prejudice, for failure

to state a claim; and
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This matter is referred back to the Magistrate Judge to initiate service of process

proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

September 22, 2014

UNITED STATES DISTRICT JUDGE

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