Valencia v. Kokor

Filing 116

ORDER ADOPTING IN PART 114 FINDINGS AND RECOMMENDATIONS and DISMISSING Non-Cognizable Claims; ORDER Directing Defendants to File Responsive Pleading or Motion Within Fourteen (14) Days signed by Chief Judge Lawrence J. O'Neill on 3/14/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL G. VALENCIA,

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Plaintiff,
v.
WINFRED KOKOR, et al.,
Defendants.

CASE No. 1:13-cv-01391-LJO-MJS (PC)
ORDER ADOPTING IN PART FINDINGS
AND RECOMMENDATIONS AND
DISMISSING NON-COGNIZABLE
CLAIMS
(ECF Nos. 111, 114)
DEFENDANTS TO FILE RESPONSIVE
PLEADING
OR
MOTION
WITHIN
FOURTEEN DAYS

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Plaintiff is a state prisoner proceeding pro se in this civil rights action brought

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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States

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District Court for the Eastern District of California.

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On February 10, 2017, the Magistrate Judge screened Plaintiff’s fourth amended

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complaint and found that it states a cognizable Eighth Amendment medical indifference

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claim for damages against Defendants Kokor and Sunduram, but no other cognizable

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claims. (ECF No. 114.) The Magistrate Judge issued findings and recommendations for

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Plaintiff to proceed on the cognizable Eighth Amendment claim for damages and for

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dismissal of the remaining claims. (Id.) Plaintiff filed objections. (ECF No. 115.)

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Defendants filed no response.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has

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

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Court finds the findings and recommendations to be supported by the record and by

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proper analysis, with the exception of Plaintiff’s claim for injunctive relief. The Court will

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adopt the findings and recommendations in part as explained below.

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The Magistrate Judge recommended dismissal of Plaintiff’s claim for injunctive

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relief on the ground that it appeared that Plaintiff had transferred to another institution

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and was no longer under the care of Defendants. (ECF No. 114 at 7.) The Magistrate

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Judge noted that Plaintiff was housed at the California Substance Abuse Treatment

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Facility (“CSATF”) in Corcoran, California, but complained of acts that occurred at

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Corcoran State Prison. In his objections, Plaintiff states that the events at issue occurred

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at CSATF, where he remains housed. A review of the fourth amended complaint and the

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docket supports Plaintiff’s contention. While the complaint at times states the Defendants

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are at “Corcoran,” which may have been misconstrued as indicating Corcoran State

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Prison, it also states that the events occurred at CSATF. Accordingly, Plaintiff’s

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allegations are sufficient at the pleading stage to state a cognizable claim for injunctive

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relief.1 Plaintiff will be permitted to proceed on this claim.
In all other respects, Plaintiff’s objections do not raise an issue of fact or law

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under the findings and recommendations.

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

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The Court adopts in part the findings and recommendations, filed February
10, 2017 (ECF No. 114);

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To the extent Plaintiff wishes to request preliminary injunctive relief, he may file a motion seeking same.
The Court does not herein address Plaintiff’s request that “this court . . . honor the pain management
guide/lines.”

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2.

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for damages and injunctive relief against Defendants Kokor and Sunduram;
3.

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Plaintiff shall proceed on his Eighth Amendment medical indifference claim

All other claims asserted in the fourth amended complaint are DISMISSED
without leave to amend, and

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Defendants shall file a responsive pleading or motion within fourteen days
of this order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

March 14, 2017

UNITED STATES CHIEF DISTRICT JUDGE
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