Opinion
1:19-cv-00278-NE-BAM (PC)
09-17-2021
EDWARD SHELBY TOLBERT, Plaintiff, v. MICHAELS, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DEFENDANT'S MOTION TO DISMISS (Doc. No. 39)
Plaintiff Edward Shelby Tolbert is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on plaintiff's third amended complaint against defendant Michael for deliberate indifference in violation of the Eighth Amendment.
Erroneously sued as “Michaels.”
On August 18, 2021, the assigned magistrate judge issued findings and recommendations that defendant Michael's motion to dismiss be denied. (Doc. No. 39.) Those findings and recommendations were served on the parties and contained notice that any objections thereto were to be filed within fourteen (14) days after service. (Id. at 7.) No. objections have been filed, and the deadline to do so has expired.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a de novo review of the case. Having carefully reviewed the entire file, the court concludes that the magistrate judge's findings and recommendations are supported by the record and by proper analysis.
Accordingly, 1. The findings and recommendations issued on August 18, 2021, (Doc. No. 39), are adopted in full;
2. Defendant Michael's motion to dismiss, (Doc. No. 29), is denied; and
3. This action is referred back to the assigned magistrate judge for further proceedings consistent with this order.
IT IS SO ORDERED.