Cruz v. Ahlin, et al.

Filing 19

ORDER Adopting Findings and Recommendations 16 ; ORDER for this Action to Proceed Only Against Defendant Hamrick on Plaintiff's Fourteenth Amendment Medical Claim; Dismissing All Other Claims and Defendants, signed by Chief Judge Lawrence J. O'Neill on 5/7/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PETER CASEY CRUZ,

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1:13-cv-00988-LJO-EPG-PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 16.)

vs.

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PAMELA AHLIN, et al.,

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Defendants.

ORDER FOR THIS ACTION TO
PROCEED ONLY AGAINST
DEFENDANT HAMRICK ON
PLAINTIFF’S FOURTEENTH
AMENDMENT MEDICAL CLAIM

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ORDER DISMISSING ALL OTHER
CLAIMS AND DEFENDANTS

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Peter Casey Cruz (“Plaintiff”) is a civil detainee proceeding pro se and in forma

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pauperis with this civil rights action filed pursuant to 42 U.S.C. ' 1983. This case now

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proceeds on Plaintiff’s First Amended Complaint filed on January 17, 2015. (ECF No. 1.) The

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matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B)

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and Local Rule 302.

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On April 1, 2016, the Court entered Findings and Recommendations, recommending

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that this action proceed only against defendant Jonathan Hamrick, M.D., on Plaintiff’s medical

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claim, and that all other claims and defendants be dismissed from this action based on

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Plaintiff=s failure to state a claim. (ECF No. 16.) Plaintiff was provided an opportunity to file

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objections to the Findings and Recommendations within twenty days.

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not filed objections or otherwise responded to the Findings and Recommendations.
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To date, Plaintiff has

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

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

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the Court finds the Findings and Recommendations to be supported by the record and proper

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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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The Findings and Recommendations issued by the Magistrate Judge on April 1,
2016, are ADOPTED in full;

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This action now proceeds with Plaintiff's First Amended Complaint, filed on
January 7, 2015, against defendant Jonathan Hamrick, M.D., on Plaintiff’s

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medical claim under the Fourteenth Amendment;

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3.

All remaining claims and defendants are DISMISSED from this action;

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4.

Defendants Pamela Ahlin, former director at Coalinga State Hospital (CSH);

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Audrey King, current Acting Executive Director of CSH; Don Duncan, Unit

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Supervisor at CSH; John Doe 1, medical director at CSH; Jane Doe 1, registered

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nurse at CSH; and Does 2 to 10, various employees at CSH are DISMISSED

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from this action based on Plaintiff's failure to state any claims upon which relief

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may be granted against them;

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5.

Plaintiff’s claims under the Unruh Civil Rights Act and the Americans with

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Disabilities Act are DISMISSED from this action based on Plaintiff’s failure to

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state a claim;

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defendant Jonathan Hamrick, M.D. on the Court’s docket; and

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The Clerk is DIRECTED to reflect the dismissal of all defendants except

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This case is referred back to the Magistrate Judge for further proceedings.
IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 7, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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