Ricks v. Onyeje et al
Filing
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FINDINGS and RECOMMENDATIONS Recommending Sua Sponte Grant of Summary Judgment in Favor of Defendant Navarro, signed by Magistrate Judge Barbara A. McAuliffe on 6/26/18. Objections to F&R Due Within Fourteen Days.(Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SCOTT K. RICKS,
Plaintiff,
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v.
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O. ONYEJE, et al.,
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Defendants.
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Case No.: 1:15-cv-01148-AWI-BAM (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING SUA SPONTE GRANT
OF SUMMARY JUDGMENT IN FAVOR
OF DEFENDANT NAVARRO
FOURTEEN (14) DAY DEADLINE
Plaintiff Scott K. Ricks is a state prisoner proceeding pro se and in forma pauperis in
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this civil rights action pursuant to 42 U.S.C. § 1983.
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I.
Relevant Background
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On February 8, 2017, the District Judge ruled that this matter would proceed on
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Plaintiff’s claim against Defendants Onyeje and Navarro for deliberate indifference to serious
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medical needs in violation of the Eighth Amendment. (Doc. 29.) All other claims and
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defendants were dismissed. (Id.)
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On November 1, 2017, Defendant Onyeje filed a motion for summary judgment pursuant
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to Federal Rule of Civil Procedure 56. (Doc. 41.) Defendant Navarro did not join that motion or
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file any separate motion.
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On March 12, 2018, the undersigned issued findings and recommendations
recommending that Defendant Onyeje’s motion for summary judgment be granted. (Doc. 51.)
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On May 9, 2018, the findings and recommendations were adopted in full, and summary
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judgment was granted in Defendant Onyeje’s favor on Plaintiff’s claim. (Doc. 58.) Currently,
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this case currently proceeds only against Defendant Navarro.
On May 17, 2018, the Court issued an order to show cause why summary judgment
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should not be granted to Defendant Navarro. To ensure that Plaintiff has full notice and a
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reasonable opportunity to respond, the Court provided its reasoning, and permitted Plaintiff to
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file a response within twenty-one (21) days of that order. Defendant Navarro was also permitted
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an opportunity to respond. That deadline has passed, and no party has filed any response.
Therefore, the matter is deemed submitted, and the Court makes the following findings
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and recommendations that summary judgment be granted sua sponte in favor of Defendant
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Navarro.
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II.
Summary Judgment to a Non-Moving Party
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A.
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Federal Rule of Civil Procedure 56(f) provides as follows:
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(f) Judgment Independent of the Motion. After giving notice and a reasonable
time to respond, the court may:
(1) grant summary judgment for a nonmovant;
(2) grant the motion on grounds not raised by a party; or
(3) consider summary judgment on its own after identifying for the parties
material facts that may not be genuinely in dispute.
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Legal Standards
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“District courts unquestionably possess the power to enter summary judgment sua sponte, even
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on the eve of trial.” Norse v. City of Santa Cruz, 629 F.3d 966, 971 (9th Cir. 2010) (footnote
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omitted). The Ninth Circuit has affirmed a sua sponte grant of summary judgment to non-
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moving defendants, where the findings on the claim at issue in another defendant’s motion for
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summary judgment applied to the non-moving defendants as well. See City of Colton v.
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American Promotional Events, 614 F.3d 998, 1004 n. 2 & 1008 (9th Cir. 2010). “However, the
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procedural rules governing Rule 56 apply regardless of whether the district court is acting in
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response to a party’s motion, or sua sponte.” Norse, 629 F.3d at 971 (citing Routman v.
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Automatic Data Processing, Inc., 873 F.2d 970, 971 (6th Cir. 1989); Ind. Port Comm’n v.
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Bethlehem Steel Corp., 702 F.2d 107, 111 (7th Cir. 1983)).
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“Reasonable notice implies adequate time to develop the facts on which the litigant will
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depend to oppose summary judgment.” Norse, 629 F.3d at 972 (quoting Portsmouth Square, Inc.
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v. S’holders Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985)). However, it is well settled
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that a “district court may grant summary judgment without notice if the losing party has had a
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full and fair opportunity to ventilate the issues involved in the motion.” In re Harris Pine Mills v.
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Mitchell, 44 F.3d 1431, 1439 (9th Cir. 1995) (quoting United States v. Grayson, 879 F.2d 620,
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625 (9th Cir. 1989)).
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B.
Discussion
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In this case, Plaintiff brought claims against Defendants Onyeje and Navarro for
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deliberate indifference to serious medical needs in violation of the Eighth Amendment. At the
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time of the events at issue, Defendant Onyeje was the Chief Medical Officer at Pleasant Valley
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State Prison (“PVSP”), and Defendant Navarro was the Health Care Appeals Coordinator at
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PVSP. Plaintiff alleges that Defendant Onyeje violated his right to medical care because he
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denied Plaintiff’s third request for hernia surgery, and Defendant Navarro failed to permit the
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surgery in response to Plaintiff’s appeals.
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On May 9, 2018, the Court granted summary judgment to Defendant Onyeje, finding that
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the denial of Plaintiff’s third request for hernia surgery was not deliberately indifferent under the
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circumstances, because it was medically acceptable and within the standard of care. Plaintiff did
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not make any showing that the denial was medically unacceptable under the circumstances, and
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therefore there was no material issue of fact for trial. Because the basis of Plaintiff’s claim
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against both Defendants whether the denial of his third request for surgery was medically
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acceptable under the circumstances, summary judgment is also appropriate for Defendant
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Navarro.
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Furthermore, Plaintiff has had a full opportunity to litigate this issue in Defendant
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Onyeje’s motion for summary judgment. Plaintiff filed a lengthy opposition to the motion for
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summary judgment attempting to show a disputed material issue of fact. Plaintiff also submitted
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objections to the findings and recommendations regarding Defendant Onyeje’s motion, which
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were considered by the Court. Therefore, Plaintiff has presumably presented all the evidence
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and arguments he has concerning whether the denial of his third request for hernia surgery was
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medically unacceptable in this case. See Harris Pine Mills, 44 F.3d at 1440 (affirming sua
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sponte grant of summary judgment despite lack of notice where losing party had a “full and fair
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opportunity to ventilate the issue” on which summary judgment turned). Since the findings and
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recommendations were accepted and a final ruling was issued on Defendant Onyeje’s motion,
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Plaintiff is precluded from relitigating the finding that the denial of his third request for hernia
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surgery was medically acceptable and within the standard of care. Therefore, Plaintiff’s claim
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that Defendant Navarro was deliberately indifferent in denying the same request for surgery in
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response to Plaintiff’s appeals could not be proved if a trial were held.
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III.
Conclusion and Recommendation
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For the reasons explained above, IT IS HEREBY RECOMMENDED that the Court grant
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summary judgment sua sponte in favor of Defendant Navarro on Plaintiff’s claim for deliberate
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indifference in violation of the Eighth Amendment. Fed. R. Civ. P. 56(f).
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These Findings and Recommendations will be submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
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(14) days after being served with these Findings and Recommendations, the parties may file
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written objections with the Court. The document should be captioned “Objections to Magistrate
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Judge’s Findings and Recommendations.” The parties are advised that failure to file objections
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within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772
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F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
/s/ Barbara
June 26, 2018
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A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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