Brothers, II v. Buenafe et al

Filing 30

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS that Plaintiff Proceed on Cognizable Claims and that Non-Cognizable Claims be Dismissed Without Leave to Amend 24 , 28 , signed by Chief Judge Lawrence J. O'Neill on 3/30/2019: This matter is referred back to the assigned magistrate judge for further proceedings. (Hellings, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AUBREY LEE BROTHERS, II,
Plaintiff,

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Case No. 1:17-cv-00607-LJO-JDP (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS THAT PLAINTIFF
PROCEED ON COGNIZABLE CLAIMS
AND THAT NON-COGNIZABLE CLAIMS
BE DISMISSED WITHOUT LEAVE TO
AMEND

v.

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CHITA BUENAFE, et al.,

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Defendants.
ECF Nos. 24, 28

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Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought

17 under 42 U.S.C. § 1983. The court has referred this matter to a magistrate judge under 28
18 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On March 8, 2019, the assigned magistrate judge issued findings and recommendations

20 that the court allow plaintiff to proceed on his medical deliberate indifference claims against
21 defendants Buenafe and Flores, and dismiss all claims against defendant Clark. ECF No. 28.
22 On March 27, 2019, plaintiff filed a notice that he consented to the findings and
23 recommendations. ECF No. 29.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this

25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
26 court finds the findings and recommendations to be supported by the record and proper analysis.
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Accordingly, IT IS ORDERED that:

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1.

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The findings and recommendations issued by the magistrate judge on March 8,
2019, ECF No. 28, are adopted in full;

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Plaintiff’s claims against defendant Clark are dismissed; and

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This matter is referred back to the assigned magistrate judge for further
proceedings.

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8 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

March 30, 2019

UNITED STATES CHIEF DISTRICT JUDGE

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