Recino v. Unknown

Filing 34

ORDER ADOPTING 32 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants signed by Chief Judge Lawrence J. O'Neill on 8/23/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT R. RECINO,

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Plaintiff,

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v.
UNKNOWN,

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Case No. 1:15-cv-00362-LJO-BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DISMISSING
CLAIMS AND DEFENDANTS
(ECF No. 32)

Defendant.

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Plaintiff Robert R. Recino (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff originally filed this

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matter in the U.S. District Court for the Central District of California, and it was transferred to

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this Court on March 6, 2015.
On July 27, 2016, the Magistrate Judge issued Findings and Recommendations that

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Defendants Neubarth, Nair, Klarich, and Howden be dismissed from this action, for Plaintiff’s

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failure to state a claim upon which relief may be granted against them. (ECF No. 32.) The

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findings and recommendations were served on Plaintiff and contained notice that any objections

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must be filed within fourteen days after service of the order. (Id. at 6.) More than fourteen days

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have passed, and no objections were filed.

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

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de novo review of this case and carefully reviewed the entire file. The Court finds that the

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Findings and Recommendations are supported by the record and by proper analysis.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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ADOPTED IN FULL;
2.

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The Findings and Recommendations dated July 27, 2016 (ECF No. 32) are

Defendants Neubarth, Nair, Klarich, and Howden, are dismissed from this action
for failure to state a claim for which relief may be granted against them; and,

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This action proceeds on Plaintiff’s third amended complaint, dated July 12, 2016

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(ECF No. 30), against the two unknown correctional officer defendants for

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allegedly failing to intercede as Plaintiff was beaten by other inmates, and for

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delaying in obtaining medical treatment for him after the beating, in violation of

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the Eighth Amendment

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

August 23, 2016

UNITED STATES CHIEF DISTRICT JUDGE
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