(PC) Nunez v. Powell, et al, No. 1:2018cv00213 - Document 23 (E.D. Cal. 2019)
Court Description: ORDER ADOPTING 22 Findings and Recommendations; ORDER for This Case to Proceed Only With Plaintiff's Medical Claim Against Defendant Kokor, and Dismissing All Other Claims and Defendants for Plaintiff's Failure to State a Claim, signed by Chief Judge Lawrence J. O'Neill on 1/11/19. (Marrujo, C)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JESUS A. NUNEZ, 12 13 14 15 16 17 Plaintiff, vs. KAYLEEN POWELL, et al., Defendants. 1:18-cv-00213-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 22.) ORDER FOR THIS CASE TO PROCEED ONLY WITH PLAINTIFF’S MEDICAL CLAIM AGAINST DEFENDANT KOKOR, AND DISMISSING ALL OTHER CLAIMS AND DEFENDANTS FOR PLAINTIFF’S FAILURE TO STATE A CLAIM 18 Jesus A. Nunez (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 19 with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On November 29, 2018, the court entered findings and recommendations, 22 recommending that this action proceed only with Plaintiff’s medical claim against defendant 23 Dr. Winfred Kokor, and that all other claims and defendants be dismissed from this action 24 based on Plaintiff=s failure to state a claim. (ECF No. 22.) The court granted Plaintiff fourteen 25 days in which to file objections to the findings and recommendations. (Id.) To date, Plaintiff 26 has not filed objections, and the time for filing objections has expired. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 28 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 1 1 the court finds the findings and recommendations to be supported by the record and proper 2 analysis. 3 Accordingly, THE COURT HEREBY ORDERS that: 4 1. 5 6 November 29, 2018, are ADOPTED in full; 2. 3. All remaining claims and defendants are DISMISSED from this action, based on Plaintiff’s failure to state a claim; 9 10 This action now proceeds only against defendant Dr. Winfred Kokor on Plaintiff’s medical claim under the Eighth Amendment; 7 8 The findings and recommendations entered by the Magistrate Judge on 4. Plaintiff’s excessive force claim and claims for declaratory relief and attorney’s 11 fees are DISMISSED from this action based on Plaintiff's failure to state any 12 claims upon which relief may be granted; 13 5. 14 15 Defendant Kayleen Powell is DISMISSED from this action based on Plaintiff’s failure to state any claims against her; and 6. 16 This case is referred back to the Magistrate Judge for further proceedings, including initiation of service of process. 17 18 19 20 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ January 11, 2019 UNITED STATES CHIEF DISTRICT JUDGE 21 22 23 24 25 26 27 28 2
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