(PC) Moore v. Diaz

Filing 15

ORDER ADOPTING 9 Findings and Recommendations signed by District Judge Anthony W. Ishii on 9/9/2020. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TERRENCE JESSE MOORE,

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Plaintiff,

Case No. 1:20-cv-00865-AWI-EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

v.
(DOC NOS. 1 & 9)
HEATHER DIAZ,

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Defendant.

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Terrence Jesse Moore (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred

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to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On June 30, 2020, Magistrate Judge Erica P. Grosjean entered findings and

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recommendations, recommending that “[t]his case proceed on Plaintiff’s Eighth Amendment

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claims against defendant Diaz for failure to protect and deliberate indifference to serious

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medical needs,” and that “Plaintiff’s retaliation claim be dismissed.” (ECF No. 9, p. 9).

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Plaintiff was provided an opportunity to file objections to the findings and

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recommendations. The deadline for filing objections has passed and Plaintiff has not filed

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objections or otherwise responded to the findings and recommendations.

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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, THE COURT HEREBY ORDERS that:
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The findings and recommendations issued by the magistrate judge on June 30,
2020, are ADOPTED in full;

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This case proceed on Plaintiff’s Eighth Amendment claims against defendant
Diaz for failure to protect and deliberate indifference to serious medical needs;

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3.

Plaintiff’s retaliation claim is dismissed; and

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

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IT IS SO ORDERED.
Dated: September 9, 2020
SENIOR DISTRICT JUDGE

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