Cooper v. Kaur, et al

Filing 83

ORDER adopting in full 78 FINDINGS AND RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr., on 7/2/12. Defendant Naku's 64 motion for summary judgment is GRANTED. Defendant Naku is DISMISSED from this action; and this matter is REFERRED back to the Magistrate Judge for further proceedings with respect to plaintiff's claims against defendant Dr. Chen. (Kastilahn, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TROY COOPER, 11 12 13 14 Plaintiff, No. 2:10-cv-1057 GEB DAD P Defendants. ORDER vs. KAUR, et al., 15 16 / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On June 4, 2012, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty-one days. Plaintiff has filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 4, 2012, are adopted in full; 3 2. Defendant Naku’s motion for summary judgment (Doc. No. 64) is granted; 4 3. Defendant Naku is dismissed from this action; and 5 4. This matter is referred back to the Magistrate Judge for further proceedings 6 with respect to plaintiff’s claims against defendant Dr. Chen. 7 Dated: July 2, 2012 8 9 10 GARLAND E. BURRELL, JR. United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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