Norwood v Nanganama, et al.,

Filing 107

ORDER signed by Judge Lawrence K. Karlton on 9/12/2013 FINDINGS AND RECOMMENDATIONS 103 are ADOPTED in FULL; Plaintiff's 102 motion for leave to file a surreply is DENIED; Defendants' 101 motion to strike unauthorized surreply is GRA NTED; Defendant Byers's joinder 90 is GRANTED; Defendant' 87 motion to dismiss is GRANTED in PART; Defendants Dr. Salmi and Byers are DISMISSED from this action; and Plaintiff's second amended complaint is DISMISSED with leave to amend as to NP Kaur only. Plaintiff is GRANTED 30 days to file an amended complaint against defendant NP Kaur. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY NORWOOD,

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No. 2:09-cv-2929 LKK AC

Plaintiff,
v.

ORDER

NANGANAMA, et al.,

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Defendants.

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

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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 July 1, 2013, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within twenty-eight days. Defendant Kaur and

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plaintiff have both filed objections to the findings and recommendations. Defendant Byers has

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filed a reply to plaintiff’s objections.

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

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 1, 2013 are adopted in full;

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2. Plaintiff’s motion for leave to file a surreply (ECF No. 102) is denied;

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3. Defendants’ motion to strike unauthorized surreply (ECF No. 101) is granted;

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4. Defendant Byers’s joinder (ECF No. 90) is granted;

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5. Defendant’s October 1, 2012 motion to dismiss (ECF No. 87) is granted in part;

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6. Defendants Dr. Salmi and Byers are dismissed from this action; and

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7. Plaintiff’s second amended complaint is dismissed with leave to amend as to NP Kaur

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only.
8. Plaintiff is granted thirty days to file an amended complaint against defendant NP

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Kaur; failure to file an amended complaint in accordance with this order may result in dismissal

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of this action.

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DATED: September 12, 2013.

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