(PC) Chess v. Dovey et al, No. 2:2007cv01767 - Document 54 (E.D. Cal. 2009)

Court Description: ORDER signed by Senior Judge Lawrence K. Karlton on 9/1/09 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 7/16/09 50 are ADOPTED in full; Defendants' 10/03/08 MOTION to Dismiss 24 is GRANTED in part and DENIED in part as follows: Defendants' MOTION to Dismiss Plaintiff's complaint is DENIED; Defendants' MOTION to Dismiss Plaintiff's injunctive relief claims are GRANTED. (Mena-Sanchez, L)

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(PC) Chess v. Dovey et al Doc. 54 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL CHESS, 11 Plaintiff, 12 vs. 13 No. CIV S-07-1767 LKK DAD P J. DOVEY, et al., 14 Defendants. 15 16 ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On July 16, 2009, the magistrate judge filed findings and recommendations herein 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within twenty days. Both parties have filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 16, 2009 are adopted in full; 3 2. Defendants’ October 3, 2008 motion to dismiss (Doc. No. 24) is granted in part 4 and denied in part as follows: 5 a. Defendants’ motion to dismiss plaintiff’s complaint because it does not 6 contain a short and plain statement, fails to establish any connection or causal link between the 7 defendants’ conduct and plaintiff’s alleged injury, and fails to state a cognizable claim for 8 inadequate medical care is denied; and 9 b. Defendants’ motion to dismiss plaintiff’s injunctive relief claims are 10 granted. 11 DATED: September 1, 2009. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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