Vanderbusch v. Enenmoh et al
Filing
59
ORDER ADOPTING 57 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DISMISSING All Claims and Defendants Except for Plaintiff's Claim Against Defendant Chokatos for Deliberate Indifference to Serious Medical Needs in Violation of the Eighth Amendment signed by Chief Judge Lawrence J. O'Neill on 12/28/2017. (Jessen, A)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
GARY W. VANDERBUSCH,
Plaintiff,
10
11
1:13-cv-01422-LJO-EPG (PC)
v.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
DR. ENENMOH, et al.,
12
(ECF Nos.16, 18, 57)
Defendants.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Gary W. Vanderbusch (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint
commencing this action on September 5, 2013. (ECF No. 1.) The matter was referred to a
United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On December 11, 2017, Magistrate Judge Erica P. Grosjean entered findings and
recommendations recommending that all claims and defendants, except for Plaintiff’s claim
against Defendant Chokatos for deliberate indifference to serious medical needs in violation of
the Eighth Amendment, be dismissed. (ECF No. 57). Plaintiff was provided an opportunity to
file objections to the findings and recommendations within fourteen days. The fourteen-day
period has expired and Plaintiff has not filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, 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 proper
analysis.
Accordingly, THE COURT HEREBY ORDERS that:
1
1
1. The findings and recommendations issued by Magistrate Judge Erica P. Grosjean on
2
December 11, 2017 are ADOPTED IN FULL; and
3
2. Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e)(2)(B)(ii) all claims and
4
defendants, except for Plaintiff’s claim against Defendant Chokatos for deliberate
5
indifference to serious medical needs in violation of the Eighth Amendment, are
6
DISMISSED.
7
8
9
IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
December 28, 2017
UNITED STATES CHIEF DISTRICT JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?