Payan v. Tate et al

Filing 12

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims 8 , signed by District Judge Lawrence J. O'Neill on 2/21/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL J. PAYAN,

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Plaintiff,
vs.
H. TATE, et al.,
Defendants.

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1:13cv00807 LJO DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
CERTAIN CLAIMS
(Document 8)

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Plaintiff Michael J. Payan (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on May 28, 2013. 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 January 8, 2014, the Magistrate Judge issued Findings and Recommendations that
certain claims be dismissed without leave to amend for failure to state a claim. The Findings and
Recommendations were served on Plaintiff and contained notice that any objections must be

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filed within thirty days. Plaintiff did not file objections.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this 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.

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Accordingly, IT IS HEREBY ORDERED that:
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The Findings and Recommendations, filed January 8, 2014, are adopted in full;

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This action proceed on the following cognizable claims: (1) retaliation in

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violation of the First Amendment by Defendants Bingamon, Tate and Vu; and (2)

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deliberate indifference to a serious medical need in violation of the Eighth
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Amendment against Defendants Bingamon, Tate, Vu, Sheisha and Joaquin.

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3.
All other claims ARE DISMISSED.
IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

February 21, 2014

UNITED STATES DISTRICT JUDGE

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