(PC) Kruse v. Fisher, Jr. et al, No. 1:2019cv00005 - Document 16 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING 10 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Lawrence J. O'Neill on 08/26/2019. R. Fisher, Jr., J. Clark Kelso, and Virk terminated. (Flores, E)

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(PC) Kruse v. Fisher, Jr. et al Doc. 16 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 GABRIEL M. KRUSE, 9 10 11 Plaintiff, v. R. FISHER, JR., et al., Case No. 1:19-cv-00005-LJO-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF NOS. 1 & 10) Defendants. 12 13 14 Gabriel Kruse (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 15 in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a 16 United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 17 On July 30, 2019, Magistrate Judge Erica P. Grosjean entered findings and 18 recommendations, recommending “that all claims and defendants be dismissed, except for 19 Plaintiff’s Eighth Amendment claims for deliberate indifference to serious medical needs 20 against Dr. Bansuan and Doe Defendant(s).” (ECF No. 10, p. 2). 21 Plaintiff was provided an opportunity to file objections to the findings and 22 recommendations. The deadline for filing objections has passed, and Plaintiff has not filed 23 objections to the findings and recommendations. 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 Dockets.Justia.com 1 1. The findings and recommendations issued by the magistrate judge on July 30, 2019, are ADOPTED in full; 2 3 2. All claims and defendants are dismissed, except for Plaintiff’s Eighth 4 Amendment claims for deliberate indifference to serious medical needs against 5 Dr. Bansuan and Doe Defendant(s); and 6 3. The Clerk of Court is DIRECTED to reflect the dismissal of defendants R. Fisher, Jr., J. Clark Kelso, and Virk on the Court’s docket. 7 8 9 10 IT IS SO ORDERED. Dated: August 26, 2019 /s/ Lawrence J. O’Neill _____ UNITED STATES CHIEF DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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