Nunez v. Powell, et al
Filing
23
ORDER ADOPTING 22 Findings and Recommendations; ORDER for This Case to Proceed Only With Plaintiff's Medical Claim Against Defendant Kokor, and Dismissing All Other Claims and Defendants for Plaintiff's Failure to State a Claim, signed by Chief Judge Lawrence J. O'Neill on 1/11/19. (Marrujo, C)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
JESUS A. NUNEZ,
12
13
14
15
16
17
Plaintiff,
vs.
KAYLEEN POWELL, et al.,
Defendants.
1:18-cv-00213-LJO-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 22.)
ORDER FOR THIS CASE TO PROCEED
ONLY WITH PLAINTIFF’S MEDICAL
CLAIM AGAINST DEFENDANT KOKOR,
AND DISMISSING ALL OTHER CLAIMS
AND DEFENDANTS FOR PLAINTIFF’S
FAILURE TO STATE A CLAIM
18
Jesus A. Nunez (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
19
with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United
20
States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
21
On November 29, 2018, the court entered findings and recommendations,
22
recommending that this action proceed only with Plaintiff’s medical claim against defendant
23
Dr. Winfred Kokor, and that all other claims and defendants be dismissed from this action
24
based on Plaintiff=s failure to state a claim. (ECF No. 22.) The court granted Plaintiff fourteen
25
days in which to file objections to the findings and recommendations. (Id.) To date, Plaintiff
26
has not filed objections, and the time for filing objections has expired.
27
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this
28
court has conducted a de novo review of this case. Having carefully reviewed the entire file,
1
1
the court finds the findings and recommendations to be supported by the record and proper
2
analysis.
3
Accordingly, THE COURT HEREBY ORDERS that:
4
1.
5
6
November 29, 2018, are ADOPTED in full;
2.
3.
All remaining claims and defendants are DISMISSED from this action, based on
Plaintiff’s failure to state a claim;
9
10
This action now proceeds only against defendant Dr. Winfred Kokor on
Plaintiff’s medical claim under the Eighth Amendment;
7
8
The findings and recommendations entered by the Magistrate Judge on
4.
Plaintiff’s excessive force claim and claims for declaratory relief and attorney’s
11
fees are DISMISSED from this action based on Plaintiff's failure to state any
12
claims upon which relief may be granted;
13
5.
14
15
Defendant Kayleen Powell is DISMISSED from this action based on Plaintiff’s
failure to state any claims against her; and
6.
16
This case is referred back to the Magistrate Judge for further proceedings,
including initiation of service of process.
17
18
19
20
IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
January 11, 2019
UNITED STATES CHIEF DISTRICT JUDGE
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?