Vanderbusch v. Enenmoh et al

Filing 95

ORDER Adopting 89 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Lawrence J. O'Neill on 9/28/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY W. VANDERBUSCH,

1:13-cv-01422-LJO-EPG (PC)

Plaintiff,
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v.
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

JOHN CHOKATOS,
(ECF Nos. 89, 86, 83, 79, 51)

Defendant.

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Gary W. Vanderbusch (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint

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commencing this action on September 5, 2013. (ECF No. 1.) The matter was referred to a United

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

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On December 5, 2017, Defendant, John Chokatos, filed a motion for summary. (ECF No.

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51.) On September 13, 2018, Magistrate Judge Erica P. Grosjean entered findings and

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recommendations recommending that the motion for summary judgment be denied. (ECF No.

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89.) Defendant was provided an opportunity to file objections to the findings and

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recommendations within fourteen days. The fourteen-day period has expired and Defendant has

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not filed any objections to the findings and recommendations.

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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, the
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Court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1. The findings and recommendations issued by Magistrate Judge Erica P. Grosjean on

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September 13, 2018 (ECF No. 89), are ADOPTED IN FULL;

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2. Defendant’s motion for summary judgment (ECF No. 51) is DENIED;

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3. Plaintiff’s Motions and Declarations Objecting and Disputing Pain Specialist Dr. G.
Williams Medical Notes (ECF No. 79 at 296) is DENIED as moot;

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4. Plaintiff’s Motion and Declaration Objecting and Disputing PA Fortunes Progress
Notes (ECF No. 79 at 289) is DENIED as moot;

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5. Plaintiff’s Motion and Declaration Objecting and Disputing Expert Witness
Declaration (ECF No. 79 at 281) is DENIED as moot; and

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6. Defendant’s Objections to Plaintiff’s Declaration and Exhibits K-1 to K-16 (ECF
No. 83) and to Plaintiff’s Four Volumes of Exhibits filed on August 27, 2018 (the

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“M” Exhibits) (ECF No. 86) is OVERRULED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

September 28, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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