Opinion
Case No. 3:10cv551/LAC/EMT.
September 1, 2011
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated August 18, 2011 (doc. 36). Plaintiff has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of objections filed.
Having considered the Report and Recommendation, and the timely filed objections thereto, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Plaintiff's Eighth Amendment claim concerning the deprivation of adequate medical treatment for Hepatitis C is DISMISSED without prejudice for failure to exhaust administrative remedies, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii);
3. Plaintiff's remaining claims are DISMISSED with prejudice for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii);
4. Plaintiff's state law claims are DISMISSED without prejudice to Plaintiff's right to assert them in state court; and
5. The clerk is directed to enter judgment accordingly and close the file.
DONE AND ORDERED this 31st day of August, 2011.