Case Information
*1 Case 1:06-cv-00136-ALA Document 16 Filed 01/03/07 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA PATRICK BRADY, 1:06-cv-00136-AWI-SMS P
Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING CERTAIN CLAIMS AND DEFENDANTS vs.
DR. TIMOTHY FISHBACK, et al.,
(Docs. 1 and 12) Defendants.
/
Plaintiff Patrick Brady (“plaintiff”), a state prisoner proceeding pro se and in forma pauperis, 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 72-302.
On October 24, 2006, the Magistrate Judge filed a Findings and Recommendations herein which was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and Recommendations was to be filed within thirty days. To date, plaintiff has not filed an objection to the Magistrate Judge’s Findings and Recommendations.
//
1
*2 Case 1:06-cv-00136-ALA Document 16 Filed 01/03/07 Page 2 of 2 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 73-305, 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 October 24, 2006, is ADOPTED IN FULL;
2. This action shall proceed on plaintiff’s complaint, filed February 7, 2006, against defendants Fishback, Juarez, and Villa on plaintiff’s Eighth Amendment medical care claim;
3. Plaintiff’s due process claim is DISMISSED from this action for failure to state a claim upon which relief may be granted;
4. Plaintiff’s ADA claim is DISMISSED from this action for failure to state a claim upon which relief may be granted; and,
5. Plaintiff’s state law claims are DISMISSED from this action for failure to state a claim upon which relief may be granted.
IT IS SO ORDERED.
Dated: December 30, 2006 0m8i78 /s/ Anthony W. Ishii UNITED STATES DISTRICT JUDGE
2