(PC) Hernandez v. Weiss et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 7/14/2021 ADOPTING 23 Findings and Recommendations IN FULL; GRANTING 18 Motion to Dismiss and Plaintiff's state law malpractice claims are DISMISSED without leave to amend; and This action shall proceed only on Plaintiff's Eighth Amendment deliberate indifference claims. (Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANDRES C. HERNANDEZ,
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Plaintiff,
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No. 2:20-cv-01006-TLN-JDP
v.
ORDER
RICHARD WEISS,
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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.
On June 7, 2021, the magistrate judge filed findings and recommendations herein which
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were served on all parties and which contained notice to all parties that any objections to the
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findings and recommendations were to be filed within fourteen days. Plaintiff has filed
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objections to the findings and recommendations.
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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///
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed June 7, 2021, are ADOPTED IN FULL;
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2. Defendant’s motion to dismiss (ECF No. 18) is GRANTED and Plaintiff’s state law
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malpractice claims are DISMISSED without leave to amend; and
3. This action shall proceed only on plaintiff’s Eighth Amendment deliberate
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indifference claims.
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DATED: July 14, 2021
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Troy L. Nunley
United States District Judge
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