Jaimes v. Barnes et al

Filing 61

ORDER Adopting 58 FINDINGS AND RECOMMENDATIONS, GRANTING IN PART and DENYING IN PART Defendants' 35 36 Motions for Summary Judgment for Lack of Exhaustion of the Administrative Remedies signed by Chief Judge Lawrence J. O'Neill on 8/2/2016. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JUAN JAIMES,

12

Plaintiff,

13
14

v.
DR. ROBERT J. BARNES, et al.,

15

Defendants.

16

Case No.: 1:14-cv-00952-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING IN PART
AND DENYING IN PART DEFENDANTS’
MOTIONS FOR SUMMARY JUDGMENT FOR
LACK OF EXHAUSTION OF THE
ADMINISTRATIVE REMEDIES
[ECF Nos. 35, 36, 58]

Plaintiff Juan Jaimes is appearing pro se and in forma pauperis in this civil rights action

17
18

)
)
)
)
)
)
)
)
)
)

pursuant to 42 U.S.C. § 1983.

19

The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

20

636(b)(1)(B) and Local Rule 302. On June 23, 2016, the Magistrate Judge filed a Findings and

21

Recommendations which were served on the parties and which contained notice to the parties that

22

objections to the Findings and Recommendations were to be filed within thirty days. The thirty day

23

time frame has expired and no objections were filed.

24

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

25

novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

26

Recommendations to be supported by the record and by proper analysis.

27

///

28

///
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

The Findings and Recommendations, filed on June 23, 2016, are adopted in full;

3

2.

Defendants’ motions for summary judgment are GRANTED in part and DENIED in
part;

4
5

3.

Plaintiff’s claim against Defendants Neighbors and Finegan for forcing Plaintiff to

6

walk from his cell using the stairs to show and receive food for eleven days (from April

7

6, 2012 to April 17, 2012) is not exhausted and should be dismissed;

8

4.

Plaintiff to walk to the stairs and shower and failure to provide assistance is not

9

exhausted and should be dismissed; and

10
11

Plaintiff’s claim against Defendant Kauffman for deliberate indifference by requiring

5.

This action shall proceed on Plaintiff’s claim against Defendants Dr. Barnes for

12

deliberate indifference to a serious medical need and Plaintiff’s claim against

13

Defendant Neighbors for deliberate indifference to a serious medical need by ordering

14

Plaintiff to get up and walk to the clinic after he serious injured his back.

15
16
17
18

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

August 2, 2016

UNITED STATES CHIEF DISTRICT JUDGE

19
20
21
22
23
24
25
26
27
28
2