Robison v. Hill et al

Filing 41

ORDER adopting in full 33 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 8/12/11. The motion 22 of defendants Grannis, Stocker and Johnson to dismiss is GRANTED IN PART AND DENIED IN PART. Defendants Grannis, Stocker, and Johnson shall answer the Eighth Amendment claim raised in plaintiff's complaint within ten days from the date of this order.

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

GLEN W. ROBISON,

11
12
13
14

Plaintiff,
vs.
PARAMVIR SAHOTA, et al.,
Defendants.

15
16

No. 2:10-cv-2954 JAM JFM (PC)

ORDER
/

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 6, 2011, 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 fourteen 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 6, 2011, are adopted in full;

3

2. The motion of defendants Grannis, Stocker and Johnson to dismiss is granted

4
5

in part and denied in part; and
3. Defendants Grannis, Stocker and Johnson shall answer the Eighth Amendment

6

claim raised in plaintiff’s complaint within ten days from the date of this order.

7

DATED: August 12, 2011

8
9

/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2