Real v. Soltanian-Zedeh et al

Filing 53

ORDER signed by Judge Lawrence K. Karlton on 3/29/2013 ADOPTING 51 Findings and Recommendations in full and GRANTING-IN-PART and DENYING-IN-PART 29 Motion to Dismiss. Defendants Soltanian-Zadeh adn Tseng are DIRECTED to file an answer within 30 days of service of this order. (Donati, J)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

DOUGLAS REAL,
Plaintiff,

11
12
13
14

vs.
JALAL SOLTANIAN-ZADEH, et al.,
Defendants.

ORDER
/

15
16

No. 2:11-cv-1821 LKK AC P

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 March 6, 2013, the magistrate judge filed findings and recommendations

20

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

21

objections to the findings and recommendations were to be filed within twenty-one days.

22

Defendants have filed 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

25

entire file, the court finds the findings and recommendations to be supported by the record and

26

by proper analysis.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed March 6, 2013, are adopted in full;

3

2. Defendants’ motion to dismiss (ECF No. 29) is granted in part and denied in

4
5

part, as follows:
A. Defendants’ motion to dismiss for failure to exhaust administrative

6

remedies is granted as to defendants Smith, Heatley, Galloway and Todd only and these

7

defendants are dismissed;

8
9
10
11
12

B. Defendants’ motion to dismiss plaintiff’s state law negligence claim is
granted and this claim is dismissed;
C. Defendants’ motion to dismiss for failure to state a claim is granted as
to defendant Kettelhake and denied as to defendants Soltanian-Zadeh and Tseng; and
3. Defendants Soltanian-Zadeh and Tseng are directed to file an answer within

13

thirty days of service of this order.

14

DATED: March 29, 2013.

15
16
17
18
19
20
21
22
23
24
25
26
2