(PC) Johnson, Jr. v. California Forensic Medical Group et al, No. 1:2017cv00755 - Document 24 (E.D. Cal. 2018)
Court Description: ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS; ORDERED this case to be referred back to the Magistrate Judge for further proceedings, signed by Chief Judge Lawrence J. O'Neill on 1/11/18. (Martin-Gill, S)
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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 AYLWIN JOHNSON, JR., 8 9 10 11 Plaintiff, Case No. 1:17-cv-00755-LJO-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (ECF NOS. 8, 11, & 23) CALIFORNIA FORENSIC MEDICAL GROUP, et al., Defendants. 12 13 Aylwin Johnson, Jr. (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis 14 in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a 15 United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 16 On December 15, 2017, Magistrate Judge Erica P. Grosjean entered findings and 17 recommendations, recommending that all claims and defendants, except for Plaintiff’s claims 18 against defendants Dr. Ho, R.N. Larranaga, California Forensic Medical Group, Stanislaus 19 County, and Stanislaus County Sheriff’s Department for deliberate indifference to serious 20 medical needs in violation of the Eighth Amendment, be dismissed without prejudice. (ECF 21 No. 23, p. 13). 22 23 The parties were provided an opportunity to file objections to the findings and recommendations within fourteen days. No objections were filed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 26 the Court finds the findings and recommendations to be supported by the record and proper 27 analysis. 28 Accordingly, THE COURT HEREBY ORDERS that: 1 1 1. The findings and recommendations issued by the magistrate judge on December 15, 2 2017, are ADOPTED IN FULL; 3 2. All claims and defendants, except for Plaintiff’s claims against defendants Dr. Ho, 4 R.N. Larranaga, California Forensic Medical Group, Stanislaus County, and 5 Stanislaus County Sheriff’s Department for deliberate indifference to serious 6 medical needs in violation of the Eighth Amendment, are DISMISSED without 7 prejudice; and 8 3. This case is referred back to the magistrate judge for further proceedings. 9 10 11 12 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ January 11, 2018 UNITED STATES CHIEF DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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