(PC) Miron v. Krpan et al, No. 2:2018cv03267 - Document 21 (E.D. Cal. 2019)
Court Description: ORDER signed by District Judge John A. Mendez on 12/18/2019 ADOPTING in FULL 18 Findings and Recommendations. GRANTING IN PART AND DENYING IN PART 13 Motion to Dismiss. Plaintiff may file a first amended complaint within 30 days of the date of this order. (Reader, L)
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(PC) Miron v. Krpan et al Doc. 21 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARON MIRON, 12 No. 2:18-CV-3267-JAM-DMC-P Plaintiff, 13 v. 14 J. KRPAN, et al., ORDER 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 Eastern District of California local rules. On October 16, 2019, the Magistrate Judge filed findings and recommendations 20 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within the time specified therein. Timely objections to the findings and 23 recommendations have been filed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304(f), this court has conducted a de novo review of this case. Having carefully reviewed the 26 entire file, the court finds the findings and recommendations to be supported by the record and by 27 proper analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 16, 2019, are adopted in 2. Defendants’ motion to dismiss (ECF No. 13) is granted in part and denied 3. Defendants’ motion is denied as to plaintiff’s Eighth Amendment claim 3 full; 4 5 in part; 6 7 against defendant J. Krpan regarding the request for knee surgery; 8 4. 9 defendants with leave to amend; 10 5. Plaintiff may file a first amended complaint within 30 days of the date of 6. If no first amended complaint is filed within the time provided herein, the 11 12 Defendants’ motion to dismiss is granted as to all other claims and this order; and 13 action shall proceed on plaintiff’s original complaint against defendant Krpan on plaintiff’s claim 14 regarding the request for knee surgery only. 15 16 17 18 DATED: December 18, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 19 20 21 22 23 24 25 26 27 28 2
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