Lavery v. Dhillon

Filing 146

ORDER signed by District Judge Morrison C. England, Jr on 12/4/17 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/19/17 144 are ADOPTED in full; and Plaintiff's Eighth Amendment claims for deliberate indifference toward a serious medical need against Defendants Rading, Ditomas, and Clark are DISMISSED without leave to amend. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH LAVERY,

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Plaintiff,

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No. 2:13-cv-2083 MCE AC P

v.

ORDER

B. DHILLON, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding with counsel, has filed this civil rights action seeking

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relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On September 19, 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 twenty-one days. Defendant Dhillon

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has filed objections to the findings and recommendations.
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 September 19, 2017, (ECF No. 144) are

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ADOPTED in full; and

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2. Plaintiff’s Eighth Amendment claims for deliberate indifference toward a serious

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medical need against defendants Rading, Ditomas, and Clark are DISMISSED without leave to

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amend.

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IS SO ORDERED.
Dated: December 4, 2017

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