Martinez v. Beard et al

Filing 36

ORDER Finding Service of Second Amended Complaint Appropriate and Ordering Defendants Fernando, RN; Sagasta, RN; and Songer M.D. to File Answers signed by Magistrate Judge Jennifer L. Thurston on 03/10/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:14-cv-00405-AWI-JLT (PC)

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JUAN CARLOS MARTINEZ,
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Plaintiff,
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v.
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ORDER FINDING SERVICE OF SECOND
AMENDED COMPLAINT APPROPRIATE
and ORDERING DEFENDANTS FERNANDO,
RN; SAGASTA, RN; AND SONGER M.D. TO
FILE ANSWERS

BEARD, et al.,
(Docs. 31, 32)

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Defendants.

60-Day Deadline

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Plaintiff, Juan Carlos Martinez, is a state prisoner in this civil rights action pursuant to 42
U.S.C. § 1983. Plaintiff filed this action on March 19, 2014. (Doc. 1.)

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On November 7, 2014, Defendants filed a request for screening of the Second Amended
Complaint. (Doc. 32.) The Court screened the Second Amended Complaint (Doc. 31) pursuant
to 28 U.S.C. ' 1915A and finds that it states the following cognizable claims for relief under
section 1983:1

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(1)

against Defendants Pushpini Fernando RN; Bunhom Sagasta, RN; Michael

Songer, MD; Deborah Bradford, RN; Jesse A., LVN; and Correctional Officer Butler for

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Dismissal of other defendants who were originally named in this action, but who Plaintiff apparently no longer
intends to proceed against since not named in the Second Amended Complaint, is being addressed in a concurrently
issued findings and recommendations.

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deliberate indifference to Plaintiff's serious medical condition in violation of the Eighth

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Amendment;

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(2)

against Defendants Deborah Bradford, RN and Does 3 through 10 for

promulgating or implementing a constitutionally deficient policy; and
(3)

against Defendants Pushpini Fernando, RN; Bunhom Sagasta, RN; Michael

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Songer, MD; Jesse A., LVN; Correctional Officer Butler; and Does 3 through 10 for negligence

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under California law.

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Fed. R. Civ. P. 8(a); Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512-15 (2002); Austin v.
Terhune, 367 F.3d 1167, 1171 (9th Cir. 2004); Jackson v. Carey, 353 F.3d 750, 754 (9th Cir.
2003); Galbraith v. County of Santa Clara, 307 F.3d 1119, 1125-26 (9th Cir. 2002).

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Accordingly, it is HEREBY ORDERED that:

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1.

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November 7, 2014 (Doc. 32) is GRANTED;
2.

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Defendants request for screening of the Second Amended Complaint, filed on `

Service is appropriate for Defendants Jesse A. LVN, Correctional Officer
Butler, and Deborah Bradford, RN; and

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Defendants Pushpini Fernando, RN; Bunhom Sagasta, RN; and Michael Songer,

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MD are directed to file answers to the Second Amended Complaint within 60 days of the date of

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service of this order.

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IT IS SO ORDERED.
Dated:

March 10, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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