Yarboroughv.United States

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISIONAug 27, 2012
No. ED CV 10-346-VAP (PLA) (C.D. Cal. Aug. 27, 2012)

No. ED CV 10-346-VAP (PLA)

08-27-2012

JESSE YARBOROUGH, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants.


ORDER ACCEPTING MAGISTRATE

JUDGE'S REPORT AND

RECOMMENDATION

Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the magistrate judge's report and recommendation. The Court agrees with the recommendations of the magistrate judge.

ACCORDINGLY, IT IS ORDERED:

1. The report and recommendation is adopted.
2. Defendants' motion to dismiss is granted with respect to plaintiff's claims against all defendants apart from Fernandez and Elevazo, and such claims are dismissed without leave to amend, but without prejudice for failure to exhaust plaintiff's administrative remedies.
3. Defendants' motion to dismiss is denied with respect to plaintiff's Eighth Amendment claims against defendants Fernandez and Elevazo.
4. Defendants Fernandez and Elevazo are ordered to file an answer to plaintiff's Eighth Amendment claims.
5. The clerk shall serve this order on all counsel or parties of record.


________________________


HONORABLE VIRGINIA A. PHILLIPS


UNITED STATES DISTRICT JUDGE