Hackney v. California Health Care Facility, et al.

Filing 59

ORDER signed by District Judge John A. Mendez on 4/16/2019 ADOPTING 56 Findings and Recommendations in full and DISMISSING Defendant H. Nguyen from this action with prejudice. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM HACKNEY,

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No. 2:15-cv-2160 JAM DB P

Plaintiff,

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v.

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ORDER

CALIFORNIA HEALTH CARE
FACILITY, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action 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.

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On November 13, 2018, the magistrate judge filed findings and recommendations herein

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which were served on plaintiff and which contained notice to plaintiff that any objections to the

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findings and recommendations were to be filed within fourteen days. (ECF No. 56.) Plaintiff has

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not filed objections to the findings and recommendations.1

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It appears that plaintiff may be deceased. By separate order the Office of the Attorney General
will be directed to determine whether plaintiff is in fact deceased, and if so to file a suggestion of
death upon the record pursuant to Federal Rule of Civil Procedure 25.
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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed November 13, 2018, are adopted in full; and

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2. Defendant Nguyen is dismissed from this action with prejudice.

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DATED: April 16, 2019
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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