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Nicholas Moran v. K. Dutra

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 10, 2012

NICHOLAS MORAN,
PLAINTIFF,
v.
K. DUTRA, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS (ECF No. 12)

Plaintiff Nicholas Moran ("Plaintiff") is a prisoner proceeding pro se in a civil rights action pursuant to 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 September 21, 2012, the Magistrate Judge filed a Findings and Recommendations, recommending dismissal of certain of Plaintiff's claims and Defendants. (ECF No. 12.) Plaintiff has failed to file objections.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, 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 September 21, 2012, are adopted in full;

2. Plaintiff be allowed to proceed on his Eighth Amendment inadequate medical care claim against Defendants Ryan and Dedee;

3. Plaintiff be allowed to proceed on his Eighth Amendment excessive force claim against Defendants Dutra and Auten;

4. Plaintiff's claims against Defendants John Does # 1-20 be dismissed; and

5. Defendants John Does #1-20 be dismissed from this action.

IT IS SO ORDERED.

20121010

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