(PC) Pruitt v. Bobbala et al

Filing 27

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/31/2021 ADOPTING 7 The Findings and Recommendations in full; DISMISSING Defendant State Compensation Insurance Fund. Claims Two through Five are DISMISSED without prejudice; and Claim One, the Eighth Amendment claim, shall proceed against the remaining defendants. (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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CHET PRUITT,

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No. 2:20-cv-0632 KJM AC P
Plaintiff,

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v.

ORDER

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MANJULA BOBBALA, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding through counsel, 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 November 9, 2020, the magistrate judge filed findings and recommendations, which

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

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and recommendations were to be filed within twenty-one days. ECF No. 7. Plaintiff has filed

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objections to the findings and recommendations. ECF No. 13.

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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 reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed November 9, 2020, ECF No. 7, are adopted in

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full;

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2. Defendant State Compensation Insurance Fund is dismissed from this action;

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3. Claims Two through Five are dismissed without prejudice; and

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4. Claim One, the Eighth Amendment claim, shall proceed against the remaining

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defendants.

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DATED: March 31, 2021.

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