(PC) Nguyen v. California Prison Health Service, et al., No. 2:2013cv00963 - Document 84 (E.D. Cal. 2017)

Court Description: ORDER signed by District Judge Morrison C. England, Jr on 9/28/17 ORDERING that the findings and recommendations filed March 10, 2017 (ECF No. 65 ), are ADOPTED IN FULL; Defendant Elam's motion to dismiss (ECF No. 51 ) is GRANTED; and Plaintiff's claims against Elam are DISMISSED with prejudice.(Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NAM BA NGUYEN, 12 13 14 15 No. 2:13-cv-963-MCE-EFB P Plaintiff, v. ORDER CALIFORNIA PRISON HEALTH SERVICE, et al., Defendants. 16 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On March 10, 2017, the magistrate judge filed findings and recommendations herein 22 which were served on all parties and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within fourteen days. ECF No. 65. Plaintiff 24 has filed objections to the findings and recommendations. ECF No. 66. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire 27 file, the Court finds the findings and recommendations to be supported by the record and by 28 proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 10, 2017 (ECF No. 65), are 3 ADOPTED IN FULL; 4 2. Defendant Elam’s motion to dismiss (ECF No. 51) is GRANTED; and 5 3. Plaintiff’s claims against Elam are DISMISSED with prejudice. 6 It is so ordered. 7 Dated: September 28, 2017 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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