Garrett v. Igbinosa
Filing
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ORDER ADOPTING 49 FINDINGS AND RECOMMENDATIONS to Dismiss Non-Cognizable Claims signed by Chief Judge Lawrence J. O'Neill on 05/09/2018. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JAMES JAMIL GARRETT,
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Plaintiff,
v.
DR. NGOZI IGBINOSA,
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Case No. 1:16-cv-00259-LJO-JDP (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
NON-COGNIZABLE CLAIMS
(ECF No. 49)
Defendant.
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James Jamil Garrett (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to
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a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On April 3, 2018, Magistrate Judge Michael J. Seng entered findings and
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recommendations, recommending that this action continue to proceed only on Plaintiff’s Eighth
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Amendment and First Amendment claims against Defendant Igbinosa; and that the remaining
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Eighth Amendment claims be dismissed with prejudice. (ECF No. 49.) Plaintiff was given an
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opportunity to object to the findings and recommendations. Plaintiff filed his objections on
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April 18, 2018. (ECF No. 52.)
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this
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Court has conducted a de novo review of this case. Having carefully reviewed the entire file,
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the Court finds the findings and recommendations to be supported by the record and proper
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analysis.
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Accordingly, IT IS ORDERED that:
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2018, (ECF No. 49), are ADOPTED IN FULL;
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The findings and recommendations issued by the magistrate judge on April 3,
This action shall continue to proceed only on Plaintiff’s Eighth Amendment and
First Amendment claims against Defendant Igbinosa; and
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The remaining Eighth Amendment claims are dismissed with prejudice.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
May 9, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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