Pierce v. Baron

Full title: AARON JAMES PIERCE, Plaintiff, v. DR. BARON et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Sep 1, 2015

2:08-cv-1148 MCE DAD P (E.D. Cal. Sep. 1, 2015)

Opinion

AARON JAMES PIERCE, Plaintiff, v. DR. BARON et al., Defendants. No. 2:08-cv-1148 MCE DAD P United States District Court, E.D. California. September 1, 2015

ORDER

MORRISON C. ENGLAND, Jr., Chief District Judge.

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 July 24, 2015, 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. 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 July 24, 2015, are adopted in full;

2. Defendant's motion to dismiss plaintiff's claim against defendant Dr. Luca as barred by the doctrine of res judicata (Doc. No. 217) is granted;

3. Defendant Dr. Luca is dismissed from this action; and

4. Defendant Dr. Baron is dismissed from this action. See Fed.R.Civ.P. 4(m) and 41(b).