(PC) Franklin v. CHCF Stockton Medical Doctor, No. 2:2018cv00943 - Document 20 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Morrison C. England, Jr., on 1/2/19 ADOPTING in full 16 FINDINGS AND RECOMMENDATIONS. Defendants Dr. Rourke, Dr. Dillon, Dr. Loard, and plaintiff's third claim are DISMISSED without prejudice. This case shall proceed on Plaintiff's remaining claims. (Kastilahn, A)

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(PC) Franklin v. CHCF Stockton Medical Doctor Doc. 20 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALOYSIUS P. FRANKLIN, 12 13 14 15 No. 2:18-cv-0943 MCE KJN P Plaintiff, v. ORDER CHCF STOCKTON MEDICAL DOCTOR, 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 November 08, 2018, the magistrate judge filed findings and recommendations herein 22 which were served on plaintiff and which contained notice to plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. Plaintiff has not filed 24 objections to the findings and recommendations. 25 The Court has reviewed the file and finds the findings and recommendations to be 26 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 27 ORDERED that: 28 1. The findings and recommendations filed November 08, 2018, (ECF No. 16) are 1 Dockets.Justia.com 1 2 3 ADOPTED in full; 2. Defendants Dr. Rourke, Dr. Dillon, Dr. Loard, and plaintiff’s third claim are DISMISSED without prejudice; and 4 3. This case shall proceed on Plaintiff’s remaining claims. 5 IT IS SO ORDERED. 6 Dated: January 2, 2019 7 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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