Herrera v. Hall et al

Filing 89

ORDER ADOPTING 79 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER GRANTING 68 Defendants Grannis, Hall, Moonga and Zamora's Motion for Summary Judgment; and ORDER DISMISSING Defendants Grannis, Hall, Moonga and Zamora From Action, signed by District Judge Lawrence J. O'Neill on 8/10/2011. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CARLOS HERRERA,

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CASE NO. 1:08-cv-01882-LJO-SMS PC

Plaintiff,

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v.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
DEFENDANTS GRANNIS, HALL, MOONGA
AND ZAMORA’S MOTION FOR SUMMARY
JUDGMENT

C. HALL, et al.,

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Defendants.

(ECF Nos. 68, 70, 72, 75, 79)
/

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I.

Procedural History

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Plaintiff Carlos Herrera (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the
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first amended complaint, filed June 19, 2009, against Defendants Lopez, Hall, Grannis, Turella,
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Penner, Zamora, and Moonga for deliberate indifference to serious medical needs.1 The matter was

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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule
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302.
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On May 17, 2011, the Magistrate Judge issued findings and recommendations recommending
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that Defendants Grannis, Hall, Moonga, and Zamora’s motion for summary judgment be granted.
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Plaintiff filed objections to the findings and recommendations on August 1, 2011, and Defendants
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filed a reply on July 29, 2011. The Court has considered the objections and reply.
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Defendants Dill and Bluford were dismissed from the action for Plaintiff’s failure to effect service of
process on August 30, 2010. (ECF No. 65.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the undersigned finds the

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findings and recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations, filed May 17, 2011, is adopted in full;

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2.

Defendants Grannis, Hall, Moonga, and Zamora’s motion for summary judgment,

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filed October 29, 2010, is GRANTED;

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3.

Defendants Grannis, Hall, Moonga, and Zamora are dismissed from the action; and

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4.

This matter is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.

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Dated:
b9ed48

August 10, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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