-MJS (PC) Siordia v. Cate, et al., No. 1:2011cv00742 - Document 12 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS and DISMISSING Certain Claims and Defendants, signed by District Judge Lawrence J. O'Neill on 12/20/2011. Defendant Felix Igbinosa terminated. (Jessen, A)
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-MJS (PC) Siordia v. Cate, et al. Doc. 12 1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 ROBERT SIORDIA, 8 Plaintiff, 9 10 1:11-cv-0742-LJO-MJS (PC) v. MATHEW CATE, 11 ORDER ADOPTING FINDINGS AND RECOMMENDATION FOR DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS (ECF No. 11) Defendant. 12 13 _______________________________/ 14 Plaintiff Robert Siordia (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis 15 in a civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 16 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 17 On November 3, 2011, the Magistrate Judge filed Findings and Recommendations, 18 recommending that certain of Plaintiff’s claims and defendants be dismissed. (ECF No. 11.) 19 Plaintiff previously notified the Court that he was willing to proceed on his cognizable Eighth 20 Amendment claims, and accordingly his claims against Defendants Igbinosa and Does one through 21 five should now be dismissed. (ECF No. 10.) Plaintiff has failed to file objections to the Findings 22 and Recommendation. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, this 24 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 25 Court finds the Findings and Recommendations to be supported by the record and by proper 26 analysis. 27 /// 28 /// /// Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation, filed November 3, 2011, are adopted in full; 3 2. Plaintiff is permitted to proceed on his Eighth Amendment claim that Defendants 4 Cate and Yates were deliberately indifferent to Plaintiff’s serious medical needs; 5 3. Defendants Igbinosa and Does one through five be dismissed from this action; and 6 4. All of Plaintiff’s remaining claims be dismissed. 7 8 9 10 IT IS SO ORDERED. Dated: b9ed48 December 20, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-