Garber v. Mericle et al

Filing 16

ORDER signed by Judge Morrison C. England, Jr on 7/27/10 ADOPTING the 15 Findings and Recommendations in full; this case will proceed against deft Dickinson only on pltf's claim of deliberate indifference to his medical condition; all other defts and claims are dismissed for failure to state a claim. (Owen, K)

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(PS) Garber v. Mericle et al Doc. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. DALE T MERICLE, et al., Defendants. / Plaintiff, a former state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules. On June 23, 2010, the Magistrate Judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within a specified time. No objections to the findings and recommendations have been filed. The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the Magistrate Judge's analysis. /// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BART A. GARBER, Plaintiff, No. CIV S-09-3168-MCE-CMK ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 full; Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed June 23, 2010, are adopted in 2. This case will proceed against defendant Dickinson only on Plaintiff's claim of deliberate indifference to his medical condition; and 3. All other defendants and claims are dismissed for failure to state a claim. Dated: July 27, 2010 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 2

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