Barker v. Yassine

Filing 89

ORDER ADOPTING 85 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Lawrence K. Karlton on 9/26/2013. Defendant's 75 Motion to Dismiss is GRANTED. This action shall proceed ONLY on plaintiff's Eighth Amendment claim agianst defendant Yassine. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM BARKER,

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Plaintiff,

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No. 2:11-cv-0246 LKK AC P

v.

ORDER

R YASSINE,

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Defendant.

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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.
On May 7, 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. Plaintiff has filed

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objections to the findings and recommendations and defendant has filed a reply to the objections.
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 May 7, 2013 are adopted in full.

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2. Defendant’s motion to dismiss (ECF No. 75) is granted.

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3. This action shall proceed only on plaintiff’s Eighth Amendment claim against

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defendant Yassine.
DATED: September 26, 2013.

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