Johnson v. Beard

Filing 218

ORDER signed by District Judge Troy L. Nunley on 02/07/2023 ADOPTING the 214 Findings and Recommendations in full, GRANTING the 207 Motion to Dismiss and DISMISSING Plaintiff's claims against Dr. Collinsworth with prejudice. (Spichka, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL DAVID JOHNSON, 12 Plaintiff, 13 14 v. No. 2:15-cv-01313-TLN-KJN ORDER E. NAKU, M.D., et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 28, 2022, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within 21 days. Plaintiff filed objections to 23 the findings and recommendations. Defendant Dr. Collinsworth did not file a reply. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 28, 2022 are ADOPTED IN 3 FULL; 4 2. Defendant Dr. Collinsworth’s motion to dismiss (ECF No. 207) is GRANTED; and 5 3. Plaintiff’s claims against Dr. Collinsworth are DISMISSED with prejudice. 6 DATE: February 7, 2023 7 8 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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