Glenn Bosworth v. United States of America et al

Filing 50

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Dolly M. Gee for Report and Recommendation (Issued), 40 . See attached order for further details. IT IS SO ORDERED. (mz)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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GLENN BOSWORTH,
Plaintiff,

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ORDER ACCEPTING FINDINGS,

v.

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Case No. CV 14-0498 DMG (SS)

CONCLUSIONS AND RECOMMENDATIONS

UNITED STATES OF AMERICA, et
al.,

OF UNITED STATES MAGISTRATE

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Defendants.

JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the

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Fourth Amended Complaint, all the records and files herein, and

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the Report and Recommendation of the United States Magistrate

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Judge.

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Recommendation has passed and no Objections have been received.

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Accordingly,

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conclusions and recommendations of the Magistrate Judge.

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The

time

the

for

Court

filing

Objections

accepts

and

to

adopts

the

Report

the

and

findings,

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IT IS ORDERED that:

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(1)

The following claims against the following Defendants

in the Fourth Amended Complaint are DISMISSED with prejudice:

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

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One

against

Dr.

Richard

Gross

for

failure

to

provide a neurologist consult;


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Claim

Claim Two against Drs. Jaspar Dahliwal and Maria Dy for
failure to provide a sympathectomy;



Claim Three against Drs. Gross and Dy for failure to

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prescribe

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osteopenia;

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

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Claim

the

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drug

against

Alendronate

FCI-Lompoc

to

treat

Clinical

Plaintiff’s

Director

Jose

Bueno for failure to approve physical therapy; and


Claim

Five

against

Dr.

Dy

for

failure

to

approve

occupational therapy.

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(2)

The prayer for “loss of consortium” damages in the

prayer for relief is STRICKEN.

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(3)

This action shall proceed only on Claim Two against

Dr. Gross for failure to provide a sympathectomy.

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(4)

The United States Marshal Service is DIRECTED to serve

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the Fourth Amended Complaint, as amended by the dismissal of the

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Claims and Defendants listed above, on Dr. Gross pursuant to

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instructions to be supplied by the Magistrate Judge.

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IT IS FURTHER ORDERED that the Clerk serve copies of this
Order on Plaintiff at his current address of record.

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IT IS SO ORDERED.

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DATED:

September 12, 2017

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DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

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