Huckabee v. Medical Staff at CSATF et al
Filing
96
ORDER Partially Adopting Findings and Recommendations 75 Regarding Defendants' Motion to Dismiss 39 , signed by District Judge Lawrence J. O'Neill on 12/10/13. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY CRAIG HUCKABEE,
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Plaintiff,
v.
MEDICAL STAFF at CSATF, et al.,
Defendants.
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Case No.: 1:09-cv-00749-LJO-BAM (PC)
ORDER PARTIALLY ADOPTING FINDINGS
AND RECOMMENDATIONS REGARDING
DEFENDANTS’ MOTION TO DISMISS
(ECF Nos. 39, 75)
Plaintiff Anthony Craig Huckabee (“Plaintiff”) is a state prisoner, currently proceeding pro se,
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in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s second
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amended complaint, filed on August 21, 2012, by Plaintiff’s then appointed voluntary counsel, for (1)
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deliberate indifference to a serious medical need in violation of the Eighth Amendment against
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Defendants Diaz, McGuiness, Wu, Bhatt, Nguyen, Garcia, Jimenez, Jeffreys, Chief Medical Officer at
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CSATF, and Chief Pharmacist at CSATF; (2) negligence against Defendants Diaz, Jeffreys, and
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Jimenez; (3) medical malpractice against Defendants McGuiness, Wu, Bhatt and Nguyen; (4) violation
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of the Unruh Civil Rights Act, California Civil Code § 51, against all defendants; and (5) negligent
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infliction of emotional distress against all defendants.
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On August 21, 2013, the Magistrate Judge issued Findings and Recommendations that the
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motion to dismiss filed by Defendants Diaz, Wu, Bhatt and Nguyen be granted in part and denied in
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part. The findings and recommendations were served on the parties and contained notice that any
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objections must be filed within thirty days after service. (ECF No. 75.) Following an extension of
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time, Plaintiff filed his objections on October 17, 2013. (ECF No. 94.) Defendants Diaz, Wu, Bhatt
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and Nguyen did not file a response.
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In the Findings and Recommendations, the Magistrate Judge recommended partially granting
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the motion to dismiss filed by Defendants Diaz, Wu, Bhatt and Nguyen. Specifically, the Magistrate
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recommended as follows: (1) Defendants’ motion to dismiss for failure to state a claim against
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Defendant Warden Diaz be granted; (2) Defendants’ motion to dismiss Plaintiff’s state law causes of
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action be granted based on a failure to allege compliance, or excusal from compliance, with the claim
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presentation requirement of California’s Government Claims Act; (3) Defendants’ motion to dismiss
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Plaintiff’s claims against Dr. Nguyen as barred by the statute of limitations be granted with regard to
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event occurring in 2000 and denied with regard to events occurring in 2006; (4) Defendants’ motion to
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dismiss Plaintiff’s claims against Dr. Wu as barred by the statute of limitations be granted with regard
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to events occurring prior to April 29, 2005, and denied with regard to events occurring after April 29,
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2005; and (5) Defendants’ motion to dismiss Plaintiff’s claims against Dr. Bhatt as barred by the
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statute of limitations be granted. (ECF No. 75, p. 16.)
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Plaintiff first objects to the Findings and Recommendations because it omits the liability of two
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unnamed defendants, which appear to be the Chief Medical Officer and Chief Pharmacist at California
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Substance Abuse Treatment Facility (“CSATF”). Plaintiff’s objection is overruled. The operative
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complaint identifies Defendant Wu as the “Chief Medical Officer . . . charged with overseeing all
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medical referrals and prescription renewals at CSATF.” (ECF No. 33, p. 3.) The Findings and
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Recommendations address Plaintiff’s claims against Defendant Wu. To the extent Defendant Wu is
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not considered to be both the Chief Medical Officer and Chief Pharmacist, the motion to dismiss did
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not concern any claims against these unidentified individuals.
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Plaintiff next objects to the Magistrate Judge’s finding that April 29, 2009, was the operative
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filing date of this action for purposes of the statute of limitations. In particular, Plaintiff contends that
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the effective filing date should be April 23, 2009, the date he delivered his original complaint to prison
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officials for processing. In other words, Plaintiff contends that the prison mailbox rule should be
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applied to determine the effective filing date. Douglas v. Noelle, 567 F.3d 1103, 1106-07 (9th Cir.
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2009). Plaintiff’s objection is sustained. In the Findings and Recommendations, the Magistrate Judge
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considered the “prison mailbox” rule to determine the effective filing date, but could not apply the rule
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because Plaintiff’s original complaint and accompanying proof of service were undated and his then-
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appointed counsel did not provide any information regarding the effective filing date. (ECF No. 75, p.
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11 n. 3.) Subsequent to that time, Plaintiff has filed a Notice of Errata and an application for relief
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pursuant to Federal Rule of Civil Procedure 60 to correct the filing date. (ECF Nos. 90, 91.) Plaintiff
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has declared under penalty of perjury that he delivered the complaint to the E-Yard, Building 3
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custody staff on 3rd watch on Thursday, April 23, 2009. (ECF No. 90, p. 7.) Based on the
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declaration, the Court therefore rejects that portion of the Magistrate Judge’s findings regarding the
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effective filing date of April 29, 2009, and adopts an effective filing date of April 23, 2009.
The adopted filing date of April 23, 2009, primarily alters the Magistrate Judge’s
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determination regarding application of the statute of limitations to Plaintiff’s claims against Defendant
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Dr. Wu. The Magistrate Judge found that Plaintiff’s claims against Dr. Wu were barred with regard to
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events occurring prior to April 29, 2005 (a four-year limitations period), but not to events occurring
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after that date. Applying the adopted filing date of April 23, 2009, the Court finds that Plaintiff’s
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claims against Dr. Wu are barred with regard to events occurring prior to April 23, 2005, but not to
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events occurring after that date.
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As a final matter, Plaintiff objects to the Magistrate Judge’s finding that the continuing
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violations doctrine does not apply in this case. Plaintiff’s objection is overruled. The Magistrate
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Judge raised the applicability of the continuing violations doctrine and rejected its application to the
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date of accrual of Plaintiff’s claims in this action. (ECF No. 75, p. 13 n. 4.) Under the continuing
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violations doctrine, a claim to redress such violations is deemed to have accrued on the date of the last
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wrongful act. Sisseton-Wahpeton Sioux Tribe of Lake Travers Indian Reservation v. United States,
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895 F.2d 588, 597 (9th Cir. 1990.) The Magistrate Judge appropriately rejected the applicability of the
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doctrine in this case because Plaintiff alleged isolated instances involving requests for medication,
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requests for referrals or requests for medication refills and treatment from different medical providers.
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Plaintiff’s allegations involve intervening acts by various medical providers and breaks in time
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without complaint or requests for intervention.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de
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novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections,
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the Court finds the Findings and Recommendations to be supported by the record and by proper
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analysis as discussed.
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Accordingly, IT IS HEREBY ORDERED that the Findings and Recommendations, issued on
August 21, 2013, are ADOPTED IN PART as follows:
1. Defendants’ motion to dismiss, filed on December 30, 2012, is GRANTED IN PART and
DENIED IN PART;
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2. Defendants’ motion to dismiss for failure to state a claim against Defendant Warden Diaz
is GRANTED;
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3. Defendants’ motion to dismiss Plaintiff’s state law causes of action for negligence, medical
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malpractice, negligent infliction of emotional distress, and violation of the Unruh Civil
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Rights Act is GRANTED;
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4. Defendants’ motion to dismiss Plaintiff’s claims against Dr. Nguyen as barred by the
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statute of limitations is GRANTED with regard to events occurring in 2000 and DENIED
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with regard to events occurring in 2006.
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5. Defendants’ motion to dismiss Plaintiff’s claims against Dr. Wu as barred by the statute of
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limitations is GRANTED with regard to events occurring prior to April 23, 2005, and
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DENIED with regard to events occurring after April 23, 2005; and
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6. Defendants’ motion to dismiss Plaintiff’s claims against Dr. Bhatt as barred by the statute
of limitations is GRANTED.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
December 10, 2013
UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:
b9ed48bb
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