(PC) Hicks v. Covello et al

Filing 20

ORDER signed by District Judge Troy L. Nunley on 02/02/2024 ADOPTING 19 Findings and Recommendations in full. This action shall proceed solely as to Plaintiff's Eighth Amendment claims against Defendants Powell and Dr. Pleshchuk. Plaintiff's remaining claims and Defendants Dr. Kim and Costa are DISMISSED without prejudice. This matter is referred back to the Magistrate Judge for further proceedings.(Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARYL HICKS,

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Plaintiff,

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No. 2:22-cv-0903-TLN-KJN

v.

ORDER

PATRICK COVELLO, et al,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, 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 December 21, 2023, 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. The time to file objections

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has passed, and Plaintiff did not file any objections.
The Court reviewed the file and finds the findings and recommendations to be supported

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by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed December 21, 2023 (ECF No. 19) are
ADOPTED IN FULL;
2. This action shall proceed solely as to Plaintiff’s Eighth Amendment claims against
Defendants Powell and Dr. Pleshchuk;
3. Plaintiff’s remaining claims and Defendants Dr. Kim and Costa are DISMISSED
without prejudice; and
4. This matter is referred back to the magistrate judge for further proceedings.
Date: February 2, 2024

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Troy L. Nunley
United States District Judge

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