Chavarria v. Green et al

Filing 12

FINDINGS And RECOMMENDATIONS, Recommending That This Action Proceed Only Against Defendants Duenas, Green, And Wilson, On Plaintiff's Eighth Amendment Medical Claims, And That All Other Claims And Defendants Be Dismissed, Objections, If Any, Due In 30 Days (Doc. 1 ), signed by Magistrate Judge Gary S. Austin on 12/4/2013. F&R's referred to Judge Lawrence J. O'Neill; Objections to F&R due by 1/9/2014.(Fahrney, E)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ANTHONY CHAVARRIA, 11 12 13 14 15 16 Plaintiff, vs. P. A. GREEN, et al., Defendants. 1:10-cv-02324-LJO-GSA-PC FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION PROCEED ONLY AGAINST DEFENDANTS DUENAS, GREEN, AND WILSON, ON PLAINTIFF=S EIGHTH AMENDMENT MEDICAL CLAIMS, AND THAT ALL OTHER CLAIMS AND DEFENDANTS BE DISMISSED OBJECTIONS, IF ANY, DUE IN 30 DAYS 17 Anthony Chavarria (APlaintiff@) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. ' 1983. The case now proceeds on the 19 original Complaint filed by Plaintiff on December 14, 2010. (Doc. 1.) The Complaint names 20 Dr. Duenas, Dr. Igbinosa, and Physician’s Assistants (PA) Green and Wilson as defendants, 21 and alleges claims for inadequate medical care under the Eighth Amendment. 22 The court screened Plaintiff=s Complaint pursuant to 28 U.S.C. ' 1915A and found that 23 it states cognizable medical claims under § 1983 against Dr. Duenas, Green (PA), and Wilson 24 (PA). (Doc. 10.) On November 13, 2013, Plaintiff was granted leave to either file an amended 25 complaint or notify the court that he is willing to proceed only on the claims found cognizable 26 by the court. (Id.) On December 2, 2013, Plaintiff filed a notice informing the court that he is 27 willing to proceed only on the cognizable Eighth Amendment medical claims, against 28 defendants Green, Wilson, and Duenas. (Doc. 11.) 1 1 Based on the foregoing, it is HEREBY RECOMMENDED that: 2 1. This action proceed only against defendants Dr. Duenas and Physician’s 3 Assistants Green and Wilson, on Plaintiff’s claims for inadequate medical care 4 under the Eighth Amendment; 5 2. All remaining claims and defendants be dismissed from this action; and 6 3. Defendant Dr. Igbinosa be dismissed from this action based on Plaintiff's failure 7 to state any claims upon which relief may be granted against him. 8 These Findings and Recommendations will be submitted to the United States District 9 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within 10 thirty (30) days after being served with these Findings and Recommendations, Plaintiff may file 11 written objections with the Court. 12 Magistrate Judge=s Findings and Recommendations.@ Plaintiff is advised that failure to file 13 objections within the specified time may waive the right to appeal the District Court=s order. 14 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). The document should be captioned AObjections to 15 16 17 18 IT IS SO ORDERED. Dated: 19 20 21 December 4, 2013 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 6i0kij8d 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?