UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
September 15, 2011
VELTON LAMONT BOONE, PLAINTIFF,
SUSAN L. HUBBARD, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Hon. Josephine Staton Tucker United States District Judge
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint, the Magistrate Judge's Report and Recommendation, Plaintiff's "Opposition to Magistrate Judge Jay C. Gandhi's Report and Recommendation" ("Objections"), and the remaining record, and has made a de novo determination.
Plaintiff's Objections reiterate the claims and arguments made in his First Amended Complaint, and lack merit for the reasons set forth in the Report and Recommendation. The fact remains that Plaintiff's claim is premised upon his disagreement with prison doctors regarding his specific medical treatment. Such a claim is not cognizable under the Eighth Amendment.
Accordingly, IT IS ORDERED THAT:
1. The Report and Recommendation is approved and adopted.
2. Judgment be entered dismissing this action with prejudice.
3. The Clerk serve copies of this Order and the Judgment on the parties.
JOSEPHINE STATON TUCKER
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