(PC) Henderson v. Smith et al, No. 1:2013cv00287 - Document 36 (E.D. Cal. 2016)

Court Description: ORDER Adopting 34 Findings and Recommendations; ORDER Directing Service of Process and Dismissing Claims, signed by District Judge Lawrence J. O'Neill on 3/17/16. Morris (LVN), Gonsalez (LVN) and Matha (LVN) terminated. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CURTIS LEE HENDERSON, Plaintiff, 12 13 14 15 Case No. 1:13-cv-00287-LJO-SAB-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No.34) v. DR. SMITH, et al., ORDER DIRECTING SERVICE OF PROCESS AND DISMISSING CLAIMS AND DEFENDANTS Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 Plaintiff is a state prisoner proceeding pro se and in forma pauperis pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302. On February 12, 2016, findings and recommendations were entered, recommending that this action proceed on the August 24, 2015, second amended complaint against Defendants Jackson and Smith, and that the remaining claims and Defendants be dismissed. Plaintiff was provided an opportunity to file objections within thirty days. On February 25, 2016, Plaintiff filed objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the record to be supported by the record and proper analysis. 28 1 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. 12, 2016, are adopted in full; 3 4 The findings and recommendations issued by the Magistrate Judge on February 2. This action proceeds on the August 24, 2015, second amended complaint against 5 Defendants Jackson and Smith for interference with Plaintiff’s prescribed 6 treatment and delay in medical care, in violation of the Eighth Amendment; 7 3. state a claim against them ; 8 9 Defendants Gonsalez, Mata and Morris are dismissed for Plaintiff’s failure to 4. Plaintiff’s claims against Dr. Smith for the ambulance crash, against Dr. Jackson 10 for the November 19, 2011, examination of Plaintiff, and against Dr. Smith for 11 the December 7, 2011, surgery are dismissed for failure to state a claim; and 12 5. This action is referred to the Magistrate Judge for service of process of the August 24, 2015, second amended complaint on Defendants Jackson and Smith. 13 14 15 16 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill March 17, 2016 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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