James G Garcia v. David B Long et al

Filing 94

ORDER ACCEPTING REPORT AND RECOMMENDATIONS of United States Magistrate Judge by Judge John F. Walter: IT IS HEREBY ORDERED that: The Magistrate Judge's Report and Recommendation is approved and accepted; Defendant' motion to dismiss is gran ted in part and denied in part as listed in the order; and Plaintiff is granted leave to file, within thirty (30) days of this Order, a Third Amended Complaint asserting solely the following claims listed in this Order. See document for further information. (lwag)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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JAMES G. GARCIA,

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Plaintiff,
v.

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MATTHEW CATE et al.,

Defendant.

No. ED CV 13‐01610‐JFW DFM
Order Accepting Report and

Recommendation of United States
Magistrate Judge

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Pursuant to 28 U.S.C. § 636 b 1 , the Court has reviewed the pleadings,

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the records on file, and the Report and Recommendation of the previously‐

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assigned United States Magistrate Judge. Further, the Court has engaged in a

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de novo review of those portions of the Report and Recommendation to which

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objections have been made. The Court accepts the findings and

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recommendation of the Magistrate Judge.

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IT IS HEREBY ORDERED that:

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1.

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and accepted.

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2.

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The Magistrate Judge’s Report and Recommendation is approved
Defendants’ motion to dismiss is granted in part and denied in

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part as follows:
a.

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the federal claims against defendants Woolridge, Patterson,

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Lee, and Tolentino are dismissed for failure to exhaust administrative

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remedies, without leave to amend but without prejudice;
b.

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the federal claims against defendants Cate and Chaffe are

dismissed without leave to amend;
c.

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the state‐law claims against defendants Chambers,

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Woodridge, M. Smith, Lee, and Tolentino are dismissed without leave to

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amend but without prejudice; and
d.

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Plaintiff’s request for injunctive relief against the chief

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medical executive of the California Medical Facility at Vacaville is stricken

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without leave to amend.

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3.

Plaintiff is granted leave to file, within thirty 30 days of this

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Order, a Third Amended Complaint asserting solely the following claims

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against the following defendants: a Eighth Amendment claims against

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defendants Long, Montgomery, S.M. Smith, Lopez, and Nunez; and b state‐

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law negligence claims against defendants Cate, Long, Montgomery, S.M. Smith,

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Lopez, Nunez, Patterson, and Chaffe.

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Dated: October 13, 2015

______________________________
JOHN F. WALTER
United States District Judge

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