Opinion
3:09-CV-01119-AC
03-13-2012
CHRISTOPHER PAUL POULAIN, Plaintiff, v. DR. G. GULICK, DR. STEVE SHELTON, MARK NOOTH, and MAX WILLIAMS, Defendants.
ORDER
BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and Recommendation (#54) on February 22, 2012, in which he recommends this Court grant in part and deny in part Defendants' Motion (#11) to Dismiss. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). See also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988). Having reviewed the legal principles de novo, the Court does not find any error.
CONCLUSION
The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#54). Accordingly, the Court
1. GRANTS Defendants' Motion (#11) to Dismiss as to Plaintiff's claims under § 1983 against Defendants Mark Nooth and Max Williams and DISMISSES those claims with prejudice;IT IS SO ORDERED.
2. DENIES Defendants' Motion (#11) to Dismiss as to Plaintiff's claims under § 1983 against Defendants Dr. G. Gulick and Dr. Steve Shelton;
3. GRANTS Defendants' Motion (#11) to Dismiss as to Plaintiff's state-law claims against Defendants Gulick and Shelton and DISMISSES those claims with prejudice; and
4. GRANTS Defendants' Motion (#11) to Dismiss as to
Plaintiff's state-law claims against Defendants Nooth and Williams (because the Court assumes the Magistrate Judge's analysis as to Defendants Gulick and Shelton is equally applicable to Defendants Nooth and Williams) and DISMISSES those claims with prejudice.
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ANNA J. BROWN
United States District Judge