Elias v. Navasartian, et al.

Filing 34

ORDER Adopting 32 Findings and Recommendations; ORDER Granting in Part and Denying in Part Defendant Dubiel's Rule 12(b)(6) Motion to Dismiss 13 , signed by Chief Judge Lawrence J. O'Neill on 3/13/17. Referred Back to Magistrate Judge. (Gonzalez, R)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

JEFF ELIAS,

11
12
13

1:15-cv-01567-LJO-GSA-PC
Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 32.)

vs.

ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT
DUBIEL’S RULE 12(b)(6) MOTION TO
DISMISS
(ECF No. 13.)

VAZRICK NAVASARTIAN, et al.,

14

Defendants.

15
16
17
18

Jeff Elias (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action

19

pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

20

pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

21

On February 17, 2017, findings and recommendations were entered, recommending that

22

Defendant Dubiel’s Rule 12(b)(6) motion to dismiss be granted in part and denied in part.

23

(ECF No. 32.) The parties were granted fourteen days in which to file objections to the

24

findings and recommendations. (Id.) To date, no objections have been filed.

25

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

26

Court has conducted a de novo review of this case. Having carefully reviewed the entire file,

27

the Court finds the findings and recommendations to be supported by the record and proper

28

analysis.
1

1

Accordingly, THE COURT HEREBY ORDERS that:

2

1.

3
4

17, 2017, are ADOPTED IN FULL;
2.

5
6

3.

Defendant Dubiel’s motion to dismiss Plaintiff’s claims for punitive damages
under Rule 12(b)(6) is DENIED;

4.

Defendant Dubiel’s motion to dismiss under California Civil Procedure Code §
425.13 is GRANTED and Plaintiff’s medical negligence claim for punitive

9
10
11

Defendant Dubiel’s motion to dismiss, filed on May 5, 2016, is GRANTED in
part and DENIED in part;

7
8

The Findings and Recommendations issued by the Magistrate Judge on February

damages against defendant Dubiel is DISMISSED; and
5.

This case is referred back to the Magistrate Judge for further proceedings.

12
13
14
15

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

March 13, 2017

UNITED STATES CHIEF DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2