Nelson et al v. Butte County Sheriff's Dept., et al

Filing 92

ORDER signed by Judge John A. Mendez on 11/15/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/14/12 90 are ADOPTED in full; Plaintiff Canfield's Eighth Amendment crutches claim is DISMISSED for failure to state a claim. (Mena-Sanchez, 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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DONALD NELSON, et al.,

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Plaintiffs,

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No. 2:09-cv-2776 JAM EFB P

vs.
BUTTE COUNTY SHERIFF’S
DEPARTMENT, et al.,

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Defendants.

ORDER

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/
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Plaintiffs Donald Nelson, Thomas Brewer, Joseph Simpson, and Donald Canfield,

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current and/or former inmates of Butte County Jail, proceed through counsel in an action brought

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On September 14, 2012, 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 fourteen days from the

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date the findings and recommendations were served. Plaintiffs have filed objections to the

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findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire

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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed September 14, 2012 are adopted in

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full;

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2. Plaintiff Canfield’s Eighth Amendment crutches claim is dismissed for failure
to state a claim.
So ordered.
DATED:

November 15, 2012

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/s/ John A. Mendez

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UNITED STATES DISTRICT COURT JUDGE

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