Diaz v. California Correctional Health Care Services et al

Filing 75

ORDER (1) Adopting 63 Report and Recommendation (2) Granting 52 Motion to Dismiss. This Court, having reviewed de novo the Magistrate Judge's R&R, adopts the R&R in its entirety. Defendant Sedighi's motion to dismiss is granted. Signed by Judge Dana M. Sabraw on 12/28/2017. (All non-registered users served via U.S. Mail Service)(aef)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RONALD CARLOS DIAZ, Sr.
CDCR #F-45125,
Plaintiff,

v.

CALIFORNIA CORRECTIONAL
HEALTH CARE SERVICES, et al.,

ORDER (1) ADOPTING REPORT
AND RECOMMENDATION AND
(2) GRANTING MOTION TO
DISMISS

Defendants.

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Consolidated Civil Case No.
16cv2244 DMS (BGS)

On September 28, 2017, Defendant Dr. F. Sedighi filed a motion to dismiss

17 certain claim in Plaintiff’s First Amended Complaint. Specifically, Defendant Sedighi
18 seeks to dismiss Plaintiff’s claims under the First, Fifth and Fourteenth Amendments
19 and his state law claims. On November 2, 2017, Magistrate Judge Bernard G. Skomal
20 issued a Report and Recommendation ("R&R") on the motion, recommending that the
21 motion be granted. No party has filed objections to the R&R, and the time for doing
22 so has expired.
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This Court, having reviewed de novo the Magistrate Judge's R&R, adopts the

24 R&R in its entirety. Defendant Sedighi’s motion to dismiss is granted.
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IT IS SO ORDERED.

26 DATED: December 28, 2017
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HON. DANA M. SABRAW
United States District Judge
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16cv2244