King v. Chokatos et al

Filing 72

ORDER ADOPTING 65 Findings and Recommendations; ORDER GRANTING Defendants' 46 Motion for Summary Judgment for Failure to Exhaust; ORDER DISMISSING Defendant Stringer From This Case, Without Prejudice; ORDER DISMISSING Claims Against Defen dant Chokatos Arising From Allegations Prior to October 11, 2011, Without Prejudice; ORDER for This Action to Proceed Against Defendant Chokatos on Plaintiff's Medical Claims Arising From Allegations Beginning on October 11, 2011, signed by Chief Judge Lawrence J. O'Neill on 8/4/16. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DARRELL WAYNE KING,

12
13

1:12-cv-01936-LJO-EPG-PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 65.)

vs.

14

J. D. CHOKATOS, et al.,

15

Defendants.

ORDER GRANTING DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT
FOR FAILURE TO EXHAUST
(ECF No. 46.)

16

ORDER DISMISSING DEFENDANT
STRINGER FROM THIS CASE, WITHOUT
PREJUDICE

17
18

ORDER DISMISSING CLAIMS AGAINST
DEFENDANT CHOKATOS ARISING
FROM ALLEGATIONS PRIOR TO
OCTOBER 11, 2011, WITHOUT
PREJUDICE

19
20
21

ORDER FOR THIS ACTION TO PROCEED
AGAINST DEFENDANT CHOKATOS ON
PLAINTIFF’S MEDICAL CLAIMS
ARISING FROM ALLEGATIONS
BEGINNING ON OCTOBER 11, 2011

22
23
24
25
26

Darrell Wayne King (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

27

action filed pursuant to 42 U.S.C. § 1983.

28

Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

The matter was referred to a United States

1

1

On June 21, 2016, findings and recommendations were entered, recommending that

2

Defendants’ motion for summary judgment for failure to exhaust be granted. (ECF No. 65.)

3

On July 29, 2016, Plaintiff filed objections to the findings and recommendations. (ECF No.

4

70.) On August 1, 2016, Defendant Chokatos filed a reply to the objections. (ECF No. 71.)

5

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

6

Court has conducted a de novo review of this case. Having carefully reviewed the entire file,

7

including Plaintiff’s objections and Defendant Chokatos’ reply, the Court finds the findings and

8

recommendations to be supported by the record and proper analysis.

9

Accordingly, THE COURT HEREBY ORDERS that:

10

1.

11
12

The Findings and Recommendations issued by the Magistrate Judge on June 21,
2016, are ADOPTED IN FULL;

2.

13

Defendants’ motion for summary judgment for failure to exhaust, filed on
January 28, 2016, is GRANTED;

14

3.

Defendant Stringer is DISMISSED from this action, without prejudice;

15

4.

Plaintiff’s claims against Defendant Chokatos arising from allegations prior to

16
17

October 11, 2011, are DISMISSED from this action, without prejudice;
5.

18
19

This action now proceeds against Defendant Chokatos on Plaintiff’s medical
claims arising from allegations beginning on October 11, 2011; and

6.

This case is referred back to the Magistrate Judge for further proceedings.

20
21
22
23

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

August 4, 2016

UNITED STATES CHIEF DISTRICT JUDGE

24
25
26
27
28
2