Lear v. Manasrah

Filing 35

ORDER adopting 30 FINDINGS AND RECOMMENDATIONS finding certain claims cognizable and dismissing other claims and Defendants and referring back to assigned Magistrate Judge signed by District Judge Dale A. Drozd on 12/2/2017. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODERICK WILLIAM LEAR, 12 13 14 15 Plaintiff, v. MANSOUR, et al., Defendants. 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, FINDING CERTAIN CLAIMS COGNIZABLE AND DISMISSING OTHER CLAIMS AND DEFENDANTS, AND REFERRING BACK TO ASSIGNED MAGISTRATE JUDGE (Doc. No. 30) 17 18 No. 1:17-cv-00071-DAD-MJS Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 19 action 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 of the United States District Court for 21 the Eastern District of California. 22 On September 19, 2017, the assigned magistrate judge issued findings and 23 recommendations recommending that plaintiff be permitted to proceed on his second amended 24 complaint against defendant Dr. Yasser Mansour on an Eighth Amendment deliberate 25 indifference to medical needs claim in his individual capacity and against California State Prison 26 in Corcoran, California (“CSP-Corcoran”) on an Americans with Disabilities Act (“ADA”) 27 damages claim. (Doc. No. 30.) The magistrate judge also recommended that all other claims and 28 defendants be dismissed. Although the findings and recommendations provided plaintiff the 1 1 opportunity to object thereto, plaintiff subsequently filed a notice indicating his willingness to 2 proceed only on the claims found to be cognizable by the magistrate judge, indicating he has no 3 objections to the findings and recommendations. (Doc. No. 31.) 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has 5 conducted a de novo review of this case. Having carefully reviewed the entire file, the 6 undersigned concludes the findings and recommendations are supported by the record and by 7 proper analysis. 8 9 10 11 Accordingly: 1. The findings and recommendations issued on September 19, 2017 (Doc. No. 30) are adopted in full; 2. Plaintiff’s case shall proceed on his second amended complaint with respect to his Eighth 12 Amendment claim for deliberate indifference to medical needs against defendant 13 Mansour, and an ADA claim against CSP-Corcoran. All other claims and defendants are 14 hereby dismissed; and 15 16 17 3. The case is referred back to the assigned magistrate judge for further proceedings. IT IS SO ORDERED. Dated: December 2, 2017 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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