(PC) Jackson v. Rallos et al, No. 2:2009cv03234 - Document 18 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge William B. Shubb on 8/20/2010 ADOPTING 16 Findings and Recommendations in full. Dfts' 13 Motion to Dismiss is GRANTED. This action shall proceed solely on count one of the complaint. Dfts shall file an answer and a status report within 14 days. (Zignago, K.)
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(PC) Jackson v. Rallos et al Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN JACKSON, Plaintiff, 11 vs. 12 13 No. 2:09-cv-3234 WBS KJN P TESSIE RALLOS, M.D., et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 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 Rule 302. On July 16, 2010, the magistrate judge filed findings and recommendations herein 19 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-one days. Neither party has 22 filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed July 16, 2010, are adopted in full. 2 2. Defendants’ June 25, 2010 motion to dismiss plaintiff’s claim for professional 3 medical negligence is granted. This action shall proceed solely on count one of the complaint. 3. Defendants shall file an answer and a status report1 within fourteen days from 4 5 the date of this order. 6 DATED: August 20, 2010 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 See Order filed April 2, 2010. 2