Turner v. Dickinson et al

Filing 34

ORDER signed by Judge Garland E. Burrell, Jr. on 1/25/2012 FINDINGS AND RECOMMENDATIONS 33 are ADOPTED in FULL; The second claim of plaintiff's amended complaint # 12 is DISMISSED as duplicative; The third, fourth and fifth claims of plaintif f's amended complaint is DISMISSED for failure to state a cognizable claim; This action shall proceed solely on plaintiff's first claim against defendant Dr. Rohrer for providing plaintiff inadequate medical care in violation of the Eighth Amendment; and within 14 days from the service of this order, defendant Rohrer shall file an answer.(Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATHAN KEVIN TURNER,

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Plaintiff,

No. CIV S-09-0632 GEB DAD P

vs.
KATHLINE DICKINSON, et al.,
Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action seeking

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relief under 42 U.S.C. § 1983, and supplemental state law claims under California Civil Code §

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43. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C.

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§ 636(b)(1)(B) and Local Rule 302.

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On December 14, 2011, the magistrate judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within twenty-one days. Neither

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party has filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:
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1. The findings and recommendations filed December 14, 2011, are adopted in
full;

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2. The second claim of plaintiff’s amended complaint (Doc. No. 12) is dismissed
as duplicative;

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3. The third, fourth and fifth claims of plaintiff’s amended complaint is dismissed
for failure to state a cognizable claim;

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4. This action shall proceed solely on plaintiff’s first claim against defendant Dr.

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Rohrer for providing plaintiff inadequate medical care in violation of the Eighth Amendment;

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and

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5. Within fourteen days from the service of this order, defendant Rohrer shall file

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an answer.

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Dated: January 25, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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