Valencia v. Kokor

Filing 61

ORDER adopting 59 Findings and Recommendations regarding dismissal of certain claims signed by District Judge Lawrence J. O'Neill on 12/11/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL G. VALENCIA,

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Plaintiff,

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v.

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WINFRED KOKOR, et al.,

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Case No. 1:13-cv-01391-LJO-DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL OF CERTAIN CLAIMS
(Document 59)

Defendants.

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Plaintiff Daniel G. Valencia (“Plaintiff”) is a California state prisoner proceeding pro se in

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this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on August 30, 2013.
Plaintiff filed a Second Amended Complaint on September 25, 2015. The matter was

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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule

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302.
On October 28, 2015, the Magistrate Judge issued Findings and Recommendations that the

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action go forward on Eighth Amendment claims against Defendants Kokor and Sundaram, and that

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all other claims be dismissed. The Findings and Recommendations were served on the parties and

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contained notice that any objections must be filed within twenty-one days. No objections have been

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filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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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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1.

The Findings and Recommendations, filed October 28, 2015, are adopted in full;

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2.

This action SHALL proceed on the Eighth Amendment claims against Defendants

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Kokor and Sundaram;

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3.

All other claims are DISMISSED; and

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4.

Within fourteen days of the date of service of this order, counsel for Defendant Kokor

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SHALL inform the Court whether she will accept service for Defendant Sundaram.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

December 11, 2015

UNITED STATES DISTRICT JUDGE
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