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Turner v. Douglas

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 10, 2010

ANTHONY R. TURNER, PLAINTIFF,
v.
WILLIAM G. DOUGLAS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On October 8, 2010, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within twenty-one days. Plaintiff has filed objections to the findings and recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed October 8, 2010, are adopted in full; and

2. For the reasons stated in the September 2, 2010 order, the following claims contained in the amended complaint are dismissed: 1) defendants Jencks, Nurse Lilly, Lisa, Genine, Carolynn and Celly Chan allegedly withheld and obstructed plaintiff's grievances; 2) defendant Jencks allegedly failed to provide plaintiff with a copy of his medical records; 3) defendant Nurse Lilly allegedly prescribed Motrin; 4) during booking, plaintiff allegedly told defendant Tony that he had been in a car accident; and 5) all claims against defendants DeSilva, Owens and Prieto.

20101110

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