(PS) Garber v. Mericle et al, No. 2:2009cv03168 - Document 16 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 7/27/10 ADOPTING the 15 Findings and Recommendations in full; this case will proceed against deft Dickinson only on pltf's claim of deliberate indifference to his medical condition; all other defts and claims are dismissed for failure to state a claim. (Owen, K)

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(PS) Garber v. Mericle et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BART A. GARBER, 12 No. CIV S-09-3168-MCE-CMK Plaintiff, 13 vs. ORDER 14 DALE T MERICLE, et al., 15 Defendants. 16 / 17 Plaintiff, a former state prisoner proceeding pro se, brings this civil rights action 18 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to Eastern District of California local rules. 20 On June 23, 2010, the Magistrate Judge filed findings and recommendations 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within a specified time. No objections to the findings and recommendations have 23 been filed. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the Magistrate Judge's analysis. 26 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 23, 2010, are adopted in 2. This case will proceed against defendant Dickinson only on Plaintiff’s 3 4 5 6 full; claim of deliberate indifference to his medical condition; and 3. All other defendants and claims are dismissed for failure to state a claim. 7 8 9 10 Dated: July 27, 2010 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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