(PC) Ambalong v. Igbinosa et al, No. 1:2012cv00658 - Document 19 (E.D. Cal. 2013)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 15 and Dismissing Certain Claims and Defendants; ORDER Granting Defendants' Motion for Extension of Time to File Responsive Pleading 17 , signed by District Judge Anthony W. Ishii on 6/20/13. Responsive Pleading due July 2, 2013. Defendants Allen and Yates are dismissed from this action with prejudice for failureto a claim. (Verduzco, M)

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(PC) Ambalong v. Igbinosa et al Doc. 19 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 GILBERT G. AMBALONG, 10 11 12 13 CASE NO. 1:12-cv-00658-AWI-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS (ECF No. 15) v. F. IGBINOSA, et al., ORDER GRANTING DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING (ECF No. 17) Defendants. 14 15 RESPONSIVE PLEADING DUE JULY 2, 2013 / 16 17 Plaintiff Gilbert Ambalong (“Plaintiff”) is a California state prisoner proceeding pro se in 18 this civil rights action pursuant to 42 U.S.C. § 1983. On January 14, 2013, Plaintiff filed his First 19 Amended Complaint. ECF No. 13. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On May 13, 2013, the Magistrate Judge filed a Findings and Recommendations which was 22 served on the parties and which contained notice to the parties that any objection to the Findings and 23 Recommendations was to be filed within fourteen days. ECF No. 15. No party filed a timely 24 Objection to the Findings and Recommendations. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 26 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 27 Recommendations to be supported by the record and by proper analysis. 28 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed May 13, 2013, is adopted in full; 3 2. This action proceeds against Defendants Igbinosa, Trimble, Jardini, and Green for 4 deliberate indifference to a serious medical need in violation of the Eighth 5 Amendment; 6 3. 7 8 to a claim; 4. 9 10 13 14 Defendants’ Motion for extension of time to file a responsive pleading, filed June 5, 2013 (Doc. No. 17), is granted; and 5. 11 12 Defendants Allen and Yates are dismissed from this action with prejudice for failure Defendants are granted up to and including July 2, 2013 by which to file their responsive pleading. IT IS SO ORDERED. Dated: 0m8i78 June 20, 2013 SENIOR DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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