Nguyen v. California Prison Health Service, et al.

Filing 84

ORDER signed by District Judge Morrison C. England, Jr on 9/28/17 ORDERING that the findings and recommendations filed March 10, 2017 (ECF No. 65 ), are ADOPTED IN FULL; Defendant Elam's motion to dismiss (ECF No. 51 ) is GRANTED; and Plaintiff's claims against Elam are DISMISSED with prejudice.(Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NAM BA NGUYEN,

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No. 2:13-cv-963-MCE-EFB P

Plaintiff,
v.

ORDER

CALIFORNIA PRISON HEALTH
SERVICE, et al.,
Defendants.

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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.

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On March 10, 2017, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within fourteen days. ECF No. 65. Plaintiff

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has filed objections to the findings and recommendations. ECF No. 66.

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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

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

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 10, 2017 (ECF No. 65), are

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ADOPTED IN FULL;

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2. Defendant Elam’s motion to dismiss (ECF No. 51) is GRANTED; and

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3. Plaintiff’s claims against Elam are DISMISSED with prejudice.

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It is so ordered.

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Dated: September 28, 2017

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