Franklin v. Foulk

Filing 59

ORDER signed by Judge Kimberly J. Mueller on 8/6/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 6/24/15 51 are ADOPTED in full; Defendant Dr. Syverson's MOTION to DISMISS 24 is GRANTED; Defendant Dr. Syverson's MOTION for SUMMARY JUDGMENT 46 is DENIED as having been rendered moot; and Defendant Dr. Syverson is DISMISSED from this action. (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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JOHNNY L. FRANKLIN,

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No. 2:14-cv-0057 KJM DAD P

Plaintiff,

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v.

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F. FOULK, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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

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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 24, 2015, the magistrate judge filed findings and recommendations, 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 fourteen days. Plaintiff has filed

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objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304,

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this court has conducted a de novo review of this case. Having carefully reviewed the 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 June 24, 2015, are adopted in full;

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2. Defendant Dr. Syverson’s motion to dismiss (Doc. No. 24) is granted;

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3. Defendant Dr. Syverson’s motion for summary judgment (Doc. No. 46) is

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denied as having been rendered moot; and
4. Defendant Dr. Syverson is dismissed from this action.
DATED: August 6, 2015.

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UNITED STATES DISTRICT JUDGE
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