Ricker v. California Department of Corrections Medical Department et al
Filing
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ORDER ADOPTING 28 FINDINGS AND RECOMMENDATIONS, Dismissing Defendants Alaape and Tellorbes signed by District Judge Lawrence J. O'Neill on 08/05/2011. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PHILLIP T. RICKER,
CASE NO.
1:09-cv-01433-LJO-GBC (PC)
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Plaintiff,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATION DISMISSING
DEFENDANTS ALAAPE AND TELLORBES
CA L I FORNIA DEPARTME NT O F FROM ACTION
CORRECTIONS
MEDICAL
DEPARTMENT, et al.,
(ECF No. 28)
Defendants.
/
v.
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ORDER
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Plaintiff Phillip T. Ricker (“Plaintiff”), an inmate in the custody of the California
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Department of Corrections and Rehabilitation (“CDCR”), is proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
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This action proceeds on Plaintiff’s Complaint, filed August 14, 2009, against
Defendants LVN Tellorbes, Sgt. Anderson, RN Hicks, La Vinn, LVN E. Lopez, C/O Stinger,
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LVN Alaape, and C/O Lambert for deliberate indifference to Plaintiff’s medical needs in
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violation of the Eighth Amendment. (ECF No. 1.) Because Plaintiff is proceeding in forma
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pauperis, the Court appointed the United States Marshal to serve each Defendant with a
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summons and Complaint. Fed. R. Civ. Pro. 4(c)(2). The summonses for Defendants
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Tellorbes and Alaape were returned to the Court unexecuted. (ECF No. 23.) The Court
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then ordered that Plaintiff provide additional information to assist the Marshal in
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effectuating service. (ECF No. 25.) Plaintiff failed to respond to the Order. Thus, the
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Magistrate Judge recommended dismissal of Defendants Tellorbes and Alaape from the
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action. (ECF No. 28.) No objections to the Findings and Recommendation were filed.
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The matter was referred to a United State Magistrate Judge pursuant to 28 U.S.C.
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§ 636(b)(1)(B) and Local Rule 302. On June 6, 2011, the Magistrate Judge filed a Findings
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and Recommendation recommending that Defendants Tellorbes and Alaape be dismissed
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from the action for failure to serve. (ECF No. 28.) The Magistrate Judge found that
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Plaintiff had failed to fulfill his burden of providing the Marshal’s service with sufficient
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information to serve a defendant. (Id.)
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has
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conducted a de novo review of this case. Having carefully reviewed the entire file, the
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Court finds the Findings and Recommendation to be supported by the record and by
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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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The Findings and Recommendation, filed June 6, 2011, is ADOPTED;
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Defendant Tellorbes is DISMISSED from the action; and
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Defendant Alaape is DISMISSED from the action.
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IT IS SO ORDERED.
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Dated:
b9ed48
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August 5, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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