(PC) Embrey v. McComas et al
Filing
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ORDER ADOPTING 12 Findings and Recommendations and DISMISSING Non-Cognizable Claims signed by District Judge Dale A. Drozd on 11/19/2020.(Sant Agata, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JORDAN LEE EMBREY,
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Plaintiff,
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No. 1:20-cv-00650-DAD-BAM (PC)
v.
MCCOMAS, et al.,
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Defendants.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
NON-COGNIZABLE CLAIMS
(Doc. No. 12)
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Plaintiff Jordan Lee Embrey is a state prisoner proceeding pro se in this civil rights action
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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On September 25, 2020, the assigned magistrate judge issued findings and
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recommendations, recommending that this action proceed on plaintiff’s first amended complaint
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on plaintiff’s medical deliberate indifference claim against defendants Dr. Obendena and
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Williams. (Doc. No. 12.) The magistrate judge further recommended that all other federal claims
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and all other defendants be dismissed from this action based on plaintiff’s failure to state claims
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upon which relief may be granted. (Id.) The findings and recommendations were served on
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plaintiff and contained notice that any objections thereto were to be filed within fourteen (14)
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days from the date of service. (Id.) To date, no objections to the findings and recommendations
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have been filed with the court, and the time in which to do so has now passed.
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a
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de novo review of the case. Having carefully reviewed the entire file, the court finds the findings
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and recommendations to be supported by the record and by proper analysis.
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Accordingly:
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1. The findings and recommendations issued on September 25, 2020 (Doc. No. 12) are
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adopted in full;
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2. This action proceeds on plaintiff’s first amended complaint, filed September 1, 2020
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(Doc. No. 10), against defendants Obendena and Williams for deliberate indifference
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to plaintiff’s serious medical needs in violation of the Eighth Amendment;
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3. All other federal claims and all other defendants are dismissed from this action due to
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plaintiff’s failure to state a claim upon which relief may be granted; and
4. This action is referred back to the magistrate judge for proceedings consistent with this
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order.
IT IS SO ORDERED.
Dated:
November 19, 2020
UNITED STATES DISTRICT JUDGE
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