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15-053 - Johnson v. Proctor, M.D. et al

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15-053 - Johnson v. Proctor, M.D. et al
November 17, 2015
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REPORT AND RECOMMENDATION: re: 1 Complaint filed by Jerry Franklin Johnson and 9 MOTION to Dismiss filed by Wexford Health Sources, Inc., David Proctor, M.D. RECOMMENDATION: Defendants 9 Motion To Dismiss be GRANTED in so far as it raises the defense that Plaintiff has failed to establish an Eighth Amendment violation regarding medical care and Plaintiffs 1 Complaint be DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted. Objections due within 14 days. Signed by Magistrate Judge Robert W. Trumble on 11/17/2015. (cwm)
January 14, 2016
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MEMORANDUM OPINION AND ORDER Adopting 15 Report and Recommendations in Part. The Plaintiffs Objections 16 to the Report and Recommendation are OVERRULED. The Court ORDERS Defendants' 9 Motion to Dismiss is GRANTED and the Plaintiff's Complaint 1 is hereby DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to enter a separate judgment order in favor of the Defendants, pursuant to Federal Rule of Civil Procedure 58. Signed by Chief Judge Gina M. Groh on 1/14/2016. (cmd) Modified on 1/19/2016 to correct typo(kac).