Norman v. Riaz et al

Filing 21

ORDER adopting 19 FINDINGS AND RECOMMENDATIONS and granting in part and denying in part 15 Motion to Dismiss signed by District Judge Garland E. Burrell, Jr on 7/8/16: Defendant Bodenhamer is dismissed form this action. This action shall proceed only against defendant Dr. Ruiz on plaintiff's Eight Amendment claim for deliberate indifference to his serious medical needs. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL J. NORMAN, 12 No. 2:15-cv-1346 GEB AC P Plaintiff, 13 v. 14 DR. RIAZ, et al., 15 ORDER Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 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 June 10, 2016, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. ECF No. 19. Neither party 23 has filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed June 10, 2016, are adopted in full; 28 2. Defendants’ motion to dismiss, ECF No. 15, is granted in part and denied in part; 1 1 3. Defendant Bodenhamer is dismissed form this action; and 2 4. This action shall proceed only against defendant Dr. Ruiz on plaintiff’s Eight 3 Amendment claim for deliberate indifference to his serious medical needs. 4 Dated: July 8, 2016 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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