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Cherer v. Williams

United States District Court, Ninth Circuit

April 30, 2013

PARIS CHERER, Plaintiff,
v.
LT. SCOTT WILLIAMS, et al. Defendants.

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

ANDREW J. GUILFORD, District Judge.

Pursuant to 28 U.S.C. ยง 636, the Court has reviewed the First Amended Complaint, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The Court accepts the findings, conclusions, and recommendations of the Magistrate Judge,

IT IS HEREBY ORDERED that: (1) accepting this Report and Recommendation; (2) granting Defendant's Motion for Summary Judgment with respect to Plaintiff's Eighth Amendment claims (Claims One and Three) and dismissing those claims with prejudice as to Defendant Williams; (3) dismissing Claims One through Three against all remaining unserved Defendants, i.e., Warden Elwood, Officer Orlando, John Doe ("male black officer"), and Jane Doe ("female Hispanic officer") without prejudice; and (4) directing that Judgment be entered dismissing the First Amended Complaint.


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