(PC) Turner v. Dickinson et al, No. 2:2009cv00632 - Document 34 (E.D. Cal. 2012)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr. on 1/25/2012 FINDINGS AND RECOMMENDATIONS 33 are ADOPTED in FULL; The second claim of plaintiff's amended complaint # 12 is DISMISSED as duplicative; The third, fourth and fifth claims of plaintif f's amended complaint is DISMISSED for failure to state a cognizable claim; This action shall proceed solely on plaintiff's first claim against defendant Dr. Rohrer for providing plaintiff inadequate medical care in violation of the Eighth Amendment; and within 14 days from the service of this order, defendant Rohrer shall file an answer.(Reader, L)
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(PC) Turner v. Dickinson et al Doc. 34 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NATHAN KEVIN TURNER, 11 12 13 14 Plaintiff, No. CIV S-09-0632 GEB DAD P vs. KATHLINE DICKINSON, et al., Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action seeking 17 relief under 42 U.S.C. § 1983, and supplemental state law claims under California Civil Code § 18 43. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 19 § 636(b)(1)(B) and Local Rule 302. 20 On December 14, 2011, the magistrate judge filed findings and recommendations 21 herein which were served on all parties and which contained notice to all parties that any 22 objections to the findings and recommendations were to be filed within twenty-one days. Neither 23 party has filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1 2 1. The findings and recommendations filed December 14, 2011, are adopted in full; 3 4 2. The second claim of plaintiff’s amended complaint (Doc. No. 12) is dismissed as duplicative; 5 6 3. The third, fourth and fifth claims of plaintiff’s amended complaint is dismissed for failure to state a cognizable claim; 7 4. This action shall proceed solely on plaintiff’s first claim against defendant Dr. 8 Rohrer for providing plaintiff inadequate medical care in violation of the Eighth Amendment; 9 and 10 5. Within fourteen days from the service of this order, defendant Rohrer shall file 11 an answer. 12 Dated: January 25, 2012 13 14 15 GARLAND E. BURRELL, JR. United States District Judge 16 17 18 19 20 21 22 23 24 25 26 2
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