(PC) Juarez v. Butts et al., No. 2:2015cv01996 - Document 71 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 6/5/2018 ADOPTING 62 Findings and Recommendations in full. Defendant's 41 Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff's 54 , 56 , 60 Motions for Preliminary Injunctions are DENIED. (Zignago, K.)

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(PC) Juarez v. Butts et al. Doc. 71 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE JUAREZ, 12 13 14 No. 2:15-cv-1996 JAM DB P Plaintiff, v. ORDER M. HLAING, 15 Defendant 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On March 20, 2018, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Plaintiff moved for an 23 extension of time to file objections. That motion was granted. Plaintiff has filed objections to the 24 findings and recommendations. 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 file, the 27 court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 20, 2018, are adopted in full; 3 2. Defendant’s motion to dismiss (ECF No. 41) is granted with respect to plaintiff’s 4 claims regarding defendant’s treatment of his pain between May and October 2014 and is denied 5 with respect to plaintiff’s claims regarding his pain treatment after October 2014; and 6 3. Plaintiff’s motions for preliminary injunctions (ECF Nos. 54, 56, and 60) are denied. 7 8 9 10 DATED: June 5, 2018 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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