Vella v. Clark, et al.
Filing
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ORDER ADOPTING 52 FINDINGS AND RECOMMENDATIONS; ORDER GRANTING IN PART AND DENYING IN PART 35 Defendants Clark and Gray's Motion for Summary Judgment; and ORDER GRANTING 39 Defendant Paik's Motion for Summary Judgment signed by District Judge Lawrence J. O'Neill on 9/28/2015. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHN ANTHONY VELLA,
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Plaintiff,
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v.
EDGAR CLARK, et al.,
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Defendants.
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Case No.: 1:12-cv-01402-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING IN PART
AND DENYING IN PART DEFENDANTS CLARK
AND GRAY’S MOTION FOR SUMMARY
JUDGMENT, AND GRANTING DEFENDANT
PAIK’S MOTION FOR SUMMARY JUDGMENT
[ECF Nos. 35, 39, 52]
Plaintiff John Anthony Vella is appearing pro se and in forma pauperis in this civil rights
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action pursuant to 42 U.S.C. § 1983.
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On July 27, 2015, the Magistrate Judge filed a Findings and Recommendations which was
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served on the parties and which contained notice to the parties that objections to the Findings and
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Recommendations were to be filed within thirty days. Defendants filed objections on August 24,
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2015.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de
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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and
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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 on July 27, 2015, is adopted in full; and
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2.
Summary judgment is GRANTED in favor of Defendant Clark on Plaintiff’s claim that
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he delayed issuance of crutches;
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he delayed treatment or emergency transport for the fall and re-injury of his foot;
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refused to provide a dosage of Morphine and refused to act on Plaintiff’s call of “man down”;
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providing a follow-up appointment with Dr. Paik;
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treat Plaintiff’s foot infection following removal of the foot cast;
Summary judgment is GRANTED in favor of Defendant Clark on Plaintiff’s claim that
Summary judgment is DENIED as to Plaintiff’s claim that Defendants Clark and Gray
Summary judgment is DENIED as to Plaintiff’s claim that Defendant Clark delayed in
Summary judgment is GRANTED as to Plaintiff’s claim that Defendant Clark failed to
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7.
Defendant Gray is DENIED qualified immunity; and
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8.
Summary judgment is GRANTED in favor of Defendant Dr. Paik.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
September 28, 2015
UNITED STATES DISTRICT JUDGE
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