-DLB (PC) Berreondo v. Akanno et al, No. 1:2011cv00432 - Document 28 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 12/21/2011. This action shall proceed against Defendant Jonathan Akanno for deliberate indifference in violation of the Eighth Amendment. All other claims and defendants are dismissed. (Jessen, A)
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-DLB (PC) Berreondo v. Akanno et al Doc. 28 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 MAXIMO BERREONDO, 9 10 CASE NO. 1:11-CV-00432-LJO-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (DOC. 18) 11 JONATHAN AKANNO, et al., 12 Defendants. 13 / 14 15 Plaintiff Maximo Berreondo (“Plaintiff”) is a California state prisoner proceeding pro se in 16 this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his First Amended Complaint 17 on June 30, 2011. Doc. 10. The matter was referred to a United States Magistrate Judge pursuant 18 to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On November 17, 2011, the Magistrate Judge filed a Findings and Recommendations which 20 was served on Plaintiff and which contained notice to Plaintiff that any objection to the Findings and 21 Recommendations was to be filed within fourteen days. Doc. 18. Plaintiff did not file an Objection 22 to the Findings and Recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 24 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 25 Recommendations to be supported by the record and by proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The Findings and Recommendations, filed November 17, 2011, is adopted in full; 28 2. This action proceed on Plaintiff’s first amended complaint against Defendant 1 Dockets.Justia.com 1 Jonathan Akanno for deliberate indifference in violation of the Eighth Amendment; 2 3. All other claims are dismissed for failure to state a claim; and 3 4. All other Defendants are dismissed from this action. 4 IT IS SO ORDERED. 5 Dated: b9ed48 December 21, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2