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Kawaune Gregory Pearson v. Dr. S. Golubyatnikov

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


April 26, 2013

KAWAUNE GREGORY PEARSON, PLAINTIFF,
v.
DR. S. GOLUBYATNIKOV, DEFENDANT.

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 December 18, 2012, the Magistrate Judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. (ECF No. 26.) The Court adopted those findings and recommendations on January 30, 2013. (ECF No. 30.) However, the Court then received notice from Plaintiff that Plaintiff had been hospitalized and unable to object to the findings and recommendations, and on February 26, 2013, the Court granted Plaintiff's motion for reconsideration of its order adopting the findings and recommendations, and vacated the January 30, 2013, order. (ECF No. 38.) Plaintiff was granted twenty-one days to file objections to the findings and recommendations. (ECF No. 38.) On March 18, Plaintiff filed objections to the findings and recommendations. (ECF No. 46.)

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 (ECF No. 26) filed December 18, 2012, are ADOPTED IN FULL;

2. Defendants' Motion to Dismiss (ECF No. 17) is GRANTED;

3. Plaintiff's state law claim is DISMISSED WITHOUT PREJUDICE;

4. Plaintiff's claims for injunctive relief are DISMISSED WITHOUT PREJUDICE; and

5. Defendant is directed to answer Plaintiff's Eighth Amendment claim within seven days from the date of this order.

20130426

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