Chavarria v. Green et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
P. A. GREEN, et al.,
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
OBJECTIONS, IF ANY, DUE IN 30 DAYS
Anthony Chavarria (APlaintiff@) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. ' 1983. The case now proceeds on the
original Complaint filed by Plaintiff on December 14, 2010. (Doc. 1.) The Complaint names
Dr. Duenas, Dr. Igbinosa, and Physician’s Assistants (PA) Green and Wilson as defendants,
and alleges claims for inadequate medical care under the Eighth Amendment.
The court screened Plaintiff=s Complaint pursuant to 28 U.S.C. ' 1915A and found that
it states cognizable medical claims under § 1983 against Dr. Duenas, Green (PA), and Wilson
(PA). (Doc. 10.) On November 13, 2013, Plaintiff was granted leave to either file an amended
complaint or notify the court that he is willing to proceed only on the claims found cognizable
by the court. (Id.) On December 2, 2013, Plaintiff filed a notice informing the court that he is
willing to proceed only on the cognizable Eighth Amendment medical claims, against
defendants Green, Wilson, and Duenas. (Doc. 11.)
Based on the foregoing, it is HEREBY RECOMMENDED that:
This action proceed only against defendants Dr. Duenas and Physician’s
Assistants Green and Wilson, on Plaintiff’s claims for inadequate medical care
under the Eighth Amendment;
All remaining claims and defendants be dismissed from this action; and
Defendant Dr. Igbinosa be dismissed from this action based on Plaintiff's failure
to state any claims upon which relief may be granted against him.
These Findings and Recommendations will be submitted to the United States District
Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within
thirty (30) days after being served with these Findings and Recommendations, Plaintiff may file
written objections with the Court.
Magistrate Judge=s Findings and Recommendations.@ Plaintiff is advised that failure to file
objections within the specified time may waive the right to appeal the District Court=s order.
Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
The document should be captioned AObjections to
IT IS SO ORDERED.
December 4, 2013
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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