Juarez v. Butts et al

Filing 71

ORDER signed by District Judge John A. Mendez on 6/5/2018 ADOPTING 62 Findings and Recommendations in full. Defendant's 41 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff's 54 , 56 , 60 Motions for Preliminary Injunctions are DENIED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE JUAREZ,

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No. 2:15-cv-1996 JAM DB P
Plaintiff,

v.

ORDER

M. HLAING,

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Defendant

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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 20, 2018, 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. Plaintiff moved for an

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extension of time to file objections. That motion was granted. Plaintiff has filed objections to the

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findings and recommendations.

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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 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 March 20, 2018, are adopted in full;

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2. Defendant’s motion to dismiss (ECF No. 41) is granted with respect to plaintiff’s

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claims regarding defendant’s treatment of his pain between May and October 2014 and is denied

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with respect to plaintiff’s claims regarding his pain treatment after October 2014; and

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3. Plaintiff’s motions for preliminary injunctions (ECF Nos. 54, 56, and 60) are denied.

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DATED: June 5, 2018
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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